Thanks for your patience. Whilst the redundancy would have stood to start with, as the employer has an ongoing duty to offer you suitable alternative employment, it does mean that if such a role is found for you, or your current role is no longer being made redundant, they can withdraw the initial redundancy offer and retain you. If as a result of your role no longer being made redundant it means that you would transfer under TUPE to a new employer, then the process would change from one of redundancy to a TUPE situation.
If there is a TUPE transfer due to take place, you have the right to expect your employer to ‘inform and consult’ with you about the proposed transfer.
You can get further information on this obligation here:
If the employer has failed to inform and consult with you over the proposed transfer there is a potential claim you can eventually make against them and get compensation for this oversight on their part. It would not prevent the transfer itself but it can compensate you with up to 13 weeks’ wages. Usually the claim must be brought by the relevant representatives within three months of the date of the transfer. Your employer may be able to avoid liability for failure to inform and consult if there were special circumstances making it reasonably impractical to comply with its duties. The circumstances in which this defence applies are very limited though and it will depend on a case by case basis.
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