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How long have you worked there?
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Hi there, if the new company has more employees than they need following the TUPE transfer, it is legal for them to consider reducing the workforce by making people redundant. They should not select the new incoming employees automatically and should apply a fair selection procedure, for example a scoring exercise based on performance or other factors. Once they have selected who will be removed they will have to make those people redundant. In terms of compensation they will be due their contractual notice periods and if they have more than 2 years’ continuous service, they will also be due a redundancy payment. The continuous service will include time with the new employer as well as time with the employer for which they worked before the transfer. So if you are one of the employees who is being dismissed and you have more than 3 years’ service, you should be due a redundancy payment.
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that alone is likely to be unfair because it means the employees will be getting automatically dismissed as a result of the transfer and that is unlawful. Assuming the employees have more than 2 years service they can claim unfair dismissal and also for a redundancy payment. This needs t be done in the employment tribunal within 3 months of the dismissal.
A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.
If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.
The conciliation procedure and the form to fill in can be found here:
In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.
you can ask but they cannot be forced to do this
Well there must be some communication from them that they no longer need you plus the fact that you no longer get any shifts or get paid by them will also show that you are no longer working there
Well it is not that difficult to be honest, you are either working for them or you are not, as i said if you are mo longer getting work from them or getting paid then you will no longer be working for the,. You do not need a letter of dismissal to be able to claim
No not unless the contract was conditional on a criminal record and it said that nonpayment will be made if no criminal record exists
Yes for the pay you are due