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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48157
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have worked voluntary organisation since 2002. In 2011 I

Resolved Question:

I have worked for a voluntary organisation since 2002. In 2011 I have worked in a different position there but seconded to the council. The project is coming to an end 12.2016 and will be retendered. My organisation will not be tendering. I am on a 3 month notice period but it is unlikely that the retendered and TUPE agreement will be finalised by then. My question is, as my best case scenario would be redundancy - no other jobs in the organisation - and worst case would be TUPE to the successful organisation, what should or could I be doing???
With many thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

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

Customer: replied 1 year ago.
Hi. My best is to have redundancy from my organisation but with my 3 month notice period and the council probably not going to sort them selves out in that time, I just want to know how to play it
Customer: replied 1 year ago.
I do not want a phone call . This is quite difficult to navigate without incurring costs!!
Expert:  Ben Jones replied 1 year ago.

That's not a problem, this is just an option if you wanted it. I will reply in writing shortly

Customer: replied 1 year ago.
Many thanks
Expert:  Ben Jones replied 1 year ago.

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.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 1 year ago.
Many thanks. Nice to get it clarified
regards
Expert:  Ben Jones replied 1 year ago.

You are most welcome. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

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