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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48745
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I am over 65. My employer is considering moving the business

Customer Question

I am over 65. My employer is considering moving the business to another organisation.
I have been informed if this is the case I will be TUPE'd. However, I understand that once over 65 I may be able to refuse and become redundant instead.
Is this correct?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. I am afraid this is incorrect. Your age makes no difference. Your rights will be the same as any other employee facing a TUPE transfer. You will automatically move over to the new employer. You have the right to opt out of the transfer however that would amount to a resignation and you would not be eligible for any redundancy payment. If there is no redundancy situation then you cannot expect to be made redundant. The fact you are over 65 makes no difference to this. So your options really are to transfer to the new employer and continue your job but under a new employer or to resign and not transfer, although as mentioned that would not result in a redundancy.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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Customer: replied 2 years ago.

Thank you for your response and advice.

That is as I thought. What I had been informed would not have made sense in relation to age discrimination.

Paul

Expert:  Ben Jones replied 2 years ago.
You are welcome. There is no discrimination issue here though so hopefully this clarifies matters for you