Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. what are you ideally hoping to achieve
That's not a problem, this is just an option if you wanted it. I will reply in writing shortly
In the circumstances you would not be able to guarantee that you are made redundant and are in receipt of redundancy pay. If TUPE applies to your situation then you are automatically going to transfer to the new employer. Whilst you have the right to opt out of the transfer, that would be treated as a resignation and you are automatically going to give up your right to any redundancy. Similarly, if you were to resign at any point before the proposed transfer you will again not be made redundant and instead would simply be resigning and not getting any redundancy.
The only way you can get redundancy is if there is no TUPE transfer (whether the service is not re-tendered or you are not covered by it when it happens) and you return to the original employer who has no job for you and they have to remove you under redundancy. The other way is if you were to move under TUPE and the new employer had no job for you and they are the ones who make you redundant instead. Neither of these can be guaranteed at this time and usually would only become evident once you have either gone back to the old employer or moved on to the new one.
So legally there is not much you could be doing at this stage. You can of course discuss this with the organisation and check if they believe there will be a post for you should you not be covered under TUPE and return to them. But there is nothing you can do that will ensure you are made redundant in the process because your rights are determined by law, rather than you choosing them.
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