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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 52129
Experience:  Qualified Employment Solicitor
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I have been Tupe’d to a company over 200 Miles from where I

Customer Question

I have been Tupe’d to a company over 200 Miles from where I live, I am unable to take the position but have accepted voluntary redundancy my problem is the redundancy payment which my company is not paying but the TUPE’d company is. I have been with my present employer on the 27 June 18 years, but they are passing over my contract on the 11 June, is it correct that I will be rated on 17 years as I miss the 18 years by a matter of days. Also holidays on a 5 day week I was entitled to 25 days, however, on 1 April I changed my hours to 4 days a week. In January I had 2 days holiday but as I worked January to March inclusive full time, and April worked for 4 days a week and received notification of TUPE on 8 May can you please confirm if the 17 years redundancy will be calculated on my 4 days a month wage and how many days holiday would I be entitled to as no breakdown has been given. Many thanks for your assistance
Submitted: 4 months ago.
Category: Employment Law
Expert:  Ben Jones replied 4 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 4 months ago.

In terms of the length of service, you will actually be able to claim for the 18 years rather than the 17. That is because at the date your employment terminates by redundancy, your employer has to add on your statutory notice period (in your case 12 weeks), even if you do not work it. Therefore, even if you are made redundant on 11 June, for the purposes of calculating your continuous service the employer has to add another 12 weeks on from that date, taking you to over 18 years service. This is explained in more detail here:

https://www.xperthr.co.uk/faq/how-should-an-employer-calculate-an-employees-length-of-service-for-the-purposes-of-redundancy-pay-if-the-employee-is-paid-in-lieu-of-notice/156066/

Any calculation of redundancy will take into account your current pay, which would be on the reduced days. It does not matter whether most of your career there you have been on higher pay, it is the current one that matters, the pay at the time of redundancy.

Finally, the holidays - for the first 3 months you would have accrued holidays for working 5 days a week, so as that is a quarter of the way through the holiday year it would be 25/4 = 6.25 days. From 1 April the entitlement would have reduced by a fifth as you are working a day less a week, so it would be 20 days a year and again you just pro rata it for the duration you worked, for example each month is 1/12th of the total annual allowance.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Expert:  Ben Jones replied 4 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  Ben Jones replied 4 months ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks