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Ben Jones
Ben Jones, UK Lawyer
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I have been in full time employment, employed on civil

Resolved Question:

I have been in full time employment, employed on civil service terms and conditions, for around 20 years. In 2006 I was subject to a compulsory transfer in accordance with TUPE.
I now finding myself subject to redundancy and want to know if this will be on the basis of the redundancy terms applicable as at the time of the TUPE transfer or the civil service redundancy arrangements in place at this time, which are significantly different.
Submitted: 1 year ago.
Category: 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.

Expert:  Ben Jones replied 1 year ago.

Please could you kindly tell me what the differences are so that I can advise. Thank you

Expert:  Ben Jones replied 1 year ago.

Actually I can answer without this information. When you transfer under TUPE your contractual terms and conditions are protected in a sense that anything contractual (except some occupational pension scheme privileges) transfer to the new employer. The new employer has to honour your previous contractual terms and conditions and there is no time limit as to how long that applies for – it is an indefinite liability. So if the previous enhanced redundancy entitlement was a contractual one, rather than just something which was done discretionally or not part of your contract, then the current employer will have to honour it, even if the transfer had happened 10 years ago. The key is whether they were contractual redundancy terms.

This is your basic legal position. I have more detailed advice for you in terms of the options you have to challenge a decision not to pay you when you were due to receive these entitlements, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

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Expert:  Ben Jones replied 1 year ago.

Thank you. If you are not paid what you are contractually due in relation to redundancy, you can make a claim in the employment tribunal within 3 months of the payment becoming due.

A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.

If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.

The conciliation procedure and the form to fill in can be found here:

https://ec.acas.org.uk/Submission/SingleClaimantPage

In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.