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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48167
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi Ben I spoke to you last week with regard to my company

Resolved Question:

Hi Ben

I spoke to you last week with regard to my company car issues. I just wanted to clarify something else with you. Can you tell me if the TUPE terms you go in under has a time scale or does it last for the whole time you are employed by this new company and my contract obviously lets them know the length of time I have been employed. Does this then entitle me to the full 31 uears +, if I was to be made redundant or do they only have to pay me the government amount, which is capped at 20 years at £450.00 per year.

Thanks, XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello again, did your old contract entitle you to more than the minimum statutory redundancy payment?

Customer:

I don't think it clarified that

Ben Jones :

Under TUPE your old terms automatically transfer to the new employer and there is no time limit on how long they apply for - it is indefinite. However, that is irrelevant in the event of a redundancy situation because if you were not entitled to any enhanced redundancy payments by the old employer, you would only be able to get the minimum statutory amount, which is capped at 20 years service. So even if you had remained with the old employer and not TUPE'd over, you would still only get a maximum of 20 years redundancy, even if you were there for more than that

Customer:

Ok, thank you for that, that is what I thought, but just wanted to clarify this. You've been most helpful with this.

Ben Jones :

No problem at all, all the best

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