Hello, welcome to the website. My name isXXXXX can assist you with this.
Are they proposing to make you redundant?
Okay. And how long have you been there for please (with the old company and the new in total)?
Okay. Until you've been there for 2 years, you have no protection from unfair dismissal. Until that time (2 years), then you only have have a contractual entitlement to notice pay. However, if the reason for the dismissal itself is directly related to the TUPE transfer (which it might be here), then you do qualify for unfair dismissal protection, which means that you could demand something to waive any rights you might have to bring a claim for unfair dismissal.
Are they proposing to enter into a compromise agreement with you?
My view would be that you should be looking at least for your notice period (3 months) plus a sum to waive any unfair dismissal claims you might have (perhaps 3 months). However, you should be aware that there are grounds to dismiss still fairly following a TUPE transfer, such as ETO (economic, technical or organisational) reasons.
I am, yes.
Im not sure I got your question?
I think you're likely able to get something more than your mere notice period, because you might be able to say the proposed dismissal is due entirely to the TUPE transfer alone, and that, looking at the business, there is no ETO reason to make the dismissal fair.
Personally, I would always try and get a better deal than on offer, but equally, it might be that you want to preserve some goodwill perhaps (if any exists!) and do a lesser deal as part of that. It depends on your relationship, what future relationship you might want etc... and your attitude to negotiating something more that you're potential entitlement.
I would try for that, you should always start high and work back (it's a valid negotiation strategy!)
Yes, if they're proposing to dismiss you still, you're still entitled to your 3 months notice pay, or to work yor notice period, if they decide to dismiss you. Also, though, once you go over the 2 years continuous employment mark, in April this year, you are protected from unfair dismissal, and this makes the severance pay likely to he higher if they want you to go without complaint.
And yes, buying the business could be something you still do, but this is obviously separate to your employment position.
One might impact on the other in terms of negotiations etc., but buying/employment issues are distinct issues.
No, you shouldn't. In fact, for a compromise agreement comprising all your employment claims to be valid, you will be required to take legal advice, which the employer needs to pay for.
You then take it to a solicitor so that they can advise you on your specific position/entitlements.
Hi Neil. Yes, it would be, as it would be of an income nature.