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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 51196
Experience:  Qualified Employment Solicitor
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I was given redundancy notice 12 weeks ago with a finish

Customer Question

Hi, I was given redundancy notice 12 weeks ago with a finish date of 8th June. Exactly 3 weeks ago I was then told my post was subject to TUPE. I have received a letter from my current organisation to tell me that the redundancy has effectively been withdrawn and I am to be TUPE'd accross to the Local Authority. However, that is where the information stops. I'm aware they are exchanging information pertaining to the details of my contract and the policy differences between my current organisation and the one I am to go to - which I am aware include my pay, annual leave, other benefits and date I'm paid etc. There has also been discussion between my current line manager an the manager of the department I understand I will move to. They have given an indication that they want the transfer to take place by 1st July, subject to HR. What should I be expecting now from both my current employer and the one I will be moved to?Many thanks Sarah
Submitted: 2 months ago.
Category: Employment Law
Expert:  Ben Jones replied 2 months ago.

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

Expert:  Ben Jones replied 2 months ago.

How long have you worked for your current employer and what are you ideally hoping for?

Customer: replied 2 months ago.
16 years, I want to know what my rights are in terms of receiving information. i had ideally wanted redundancy but am happy to accept TUPE subject to knowing the details.
Expert:  Ben Jones replied 2 months ago.

OK thank you for your response. Leave it with me for now and I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Expert:  Ben Jones replied 2 months ago.

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:

https://www.weightmans.com/insights/tupe-the-duty-to-inform-and-consult/

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.

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

Customer: replied 2 months ago.
I understand that TUPE applies to my post however, since being informed I have not been provided with any dates of transfer etc. I think this is more my question - what should I expect in terms of the process from it no longer being redundancy to transfer? Is there a particular time frame etc.
Expert:  Ben Jones replied 2 months ago.

Hi there, this particular query is answered in the link I provided under the heading “When should the information and consultation take place?” As you will see, there is no specific timeframe before the transfer is due to take place for consultation to occur, as long as it is done “long enough before the transfer for consultation to take place”. So it could be months, it could be just a week or two. The fact that it has only recently transpired that this is a TUPE transfer means that the employer may have a defence for not being able to consult straight away or with a long enough notice before the transfer takes place. Does this clarify?

Expert:  Ben Jones replied 2 months ago.

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 stars above. I can still answer follow up questions after that if needed. Thank you