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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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It has been anounced that our company has been transferred,

Resolved Question:

It has been anounced that our company has been transferred, under a franchise agreement, with the new company retaining all staff under TUPE. However, whilst my CEO had insisted that he wanted me, as the General Manager, to stay with his Group and despite me making it clear that I still wished to be on the TUPE list as he had no bussinesses local to me, I have found out that he has taken me off the list. He has offered to 'enhance' a redundancy package for me but given that I wanted to remian in work this is not what I would have wanted, so my question is, "to waht degree should he enhace the redundancy package"?
Thanks you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is***** am a solicitor specialising in employment law and I am happy to help you today. How long have you worked for the original company for?
Customer: replied 1 year ago.
Hi Jenny, in july this year it will be 7 years.
Expert:  taratill replied 1 year ago.
Has the transfer actually now taken place?
Customer: replied 1 year ago.
No, the due date is this Wednesday the 13th.
Expert:  taratill replied 1 year ago.
So is he saying that your existing role will no longer remain with the new company?
Customer: replied 1 year ago.
Yes, we are part of a National Motor Dealer Group and we had a conversation a few weeks ago where he made it clear that he would want me to run one of his other businesses but I said that given that the nearest is a 2 hour plus drive away that may not be practicle, so I would like the option of transferring. Having met the new owners I said that given how successful the business has been I was surprised they didn't want me, but they said that they "were not given the option"?
Expert:  taratill replied 1 year ago.
But will someone need to do your job after the transfer takes place on Wednesday?
Customer: replied 1 year ago.
Yes, but as they are a locally based company they are moving a General Manager, who has now been introduced to the team, from one of their existing businesses.
Expert:  taratill replied 1 year ago.
Ok in that case if you were to be dismissed it would be unfair dismissal as it is 'in connection with a transfer'. If your current employer wants to let you go now then they should make you an offer by way of a Settlement Agreement. As this is not a redundancy situation you should be paid more than normal redundancy pay. It is difficult to assess exactly how much but were you to bring a claim in the Employment Tribunal they would look at how long it is likely to take you to find an equivalent job and compensate you on that basis, so you would be looking at a number of months pay on top of the redundancy pay. I would ask for a minimum of 6 months pay on top and say you will go to tribunal if they will not pay. If you have any further questions please do ask.
Customer: replied 1 year ago.
Jenny, I appreciate your advise, thank you.
Expert:  taratill replied 1 year ago.
No problem, I would be grateful if you would take the time to rate my answer before leaving the site as I am not otherwise paid for the time I have spent working on your question. Thank you and all the best.
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