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Ben Jones
Ben Jones, UK Lawyer
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I am a public servant and am being TUPE transferred to a new

Resolved Question:

I am a public servant and am being TUPE transferred to a new public Authority. As my voluntary redundancy had already been approved with a leaving date of 30 June 2014 I am told that TUPE not longer is relevant to me and I won't be transferred to the new organisation with the same terms and conditions. Is this correct?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. When is the transfer taking place?

JACUSTOMER-khgxh3ac- :

The transfer is taking place on 1 April 2014. We have received letters informing us of the transfer and are in the process of consultation. The TUPE consultation letter was received before my voluntary redundancy application was approved.

Ben Jones :

an are they telling you that you are not transferring at all?

JACUSTOMER-khgxh3ac- :

They are saying I will still be employed but as the public company is transferring and is no longer a legal entity my post will disappear in the new organisation because this is what I based my VER application on. My concern is if the current public company does not exist and I'm not transferring, who is paying me who is the company and why isn't my current post which is PA to the Chief Exec still remain on the organisational chart until I actually leave on 30 June? What complicates this is the last Chief Exec retired a couple of weeks ago so until a new CX I feel vulnerable even though it is only a few months.

Ben Jones :

How long have you worked there for?

JACUSTOMER-khgxh3ac- :

12 years 6 months.

Ben Jones :

TUPE will still be relevant to you if someone new is taking over the business in which you were employed, so you can expect to be taken over by the new employer, even if you are due to be made redundant soon. This should have no effect on TUPE – all that takes into account is whether at the time of the transfer you are an employee assigned to the undertaking that is transferring over. The new employer would then have a duty to take you on with your existing terms and conditions. I they are going to argue that there is no space for you in the new structure then they could seek to make you redundant earlier, however as they are the ones that take you over automatically, they will be responsible for paying you any redundancy and generally dealing with the dismissal procedure. So it would be the new employer who is liable for this and who you would pursue if necessary.

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

Customer: Thank u. Your answer is helpful. How ever I would not like my question or your response to appear on your or the justanswer questions answered page I was under the impression I was paying for a personal answer otherwise I would have not put as much personal info in I could recognised from the details I have input. Please confirm my question and your response won't be posted?
Ben Jones :

I can lock the answer for privacy, it is not an issue. In the meantime could you please close the question by leaving a positive rating, many thanks

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