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SolicitorRM, Solicitor
Category: Employment Law
Satisfied Customers: 5205
Experience:  Director and Principal Solicitor. UK
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Some of us that joined 8 years ago there is no mention of

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some of us that joined 8 years ago there is no mention of contractual rights as redundancy in our contract but in some colleagues, do you we just accept what the employer is offering which is better than the statutory one? colleagues that were working for fox before being bought by disney were covered under tupe and there was agreement between fox and disney to give enhanced severance package if made redundant before september 2020 but this did not happened because of covid 19 as most of us are still working from homes. however small bunch of fox employees kept behind for integration and they all worked on fox integration never put through redundancy intil integration over, disney started restructuremeaning all integration roles ended and put all fox employees at redundancy risk with disney package which is significantly less than fox! do we have any case to fight by getting fox package? thanks

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Good afternoon. Welcome to just answer. I am a solicitor and reviewing your question now for you.

Your understanding is right. If your contract does not mention the redundancy package that others have expressly stated in the contract you would still be entitled to statutory redundancy pay. Whether you can claim that the difference is discriminatory will really depend on the reasons Disney is giving for the difference. If it’s clearly due to the different contracts due to when they were concluded then I cannot see a claim for wanting the same as those whose contracts with fox provided an enhanced package would succeed. If on being tuped Disney had revised all contracts to unify provisions for all employees then others getting a higher package would be unfair and if that is what has happened you should file your formal grievance. Any clarification please do not hesitate to send your follow up question, I am glad to assist further. All the best.

Customer: replied 10 days ago.
thanks, ***** ***** any redundancy policy or the company can decide to pay statutory pay or more? we are told to get 3 weeks for every year served and months pro-rota.

Hi, I would not know if the company has a redundancy policy however if you have worked for a company for at least 2 years then you will be entitled to redundancy pay if the employer decides to make your role redundant following restructure.

Customer: replied 9 days ago.
thank you very much, can fox employees still get enhanced package even though tupe transfer done in sept 20? bearing in mind fox enhanced package was not part of fox employees contract, when disney acquired fox we had confirmation from fox on email that fox employees will be getting this enhanced package if made redundant by sept 2020! but disney made all fox employees redundant by sept 20 leaving only the one who were working on integretion, now integretion over, this year their jobs are not part of restructuring!

Good morning. You are very welcome. With TUPE the principle is that TUPEd employess can not be offered less favourable terms, they move with the terms that they had in their contracts of employment. However conversely, the new employer can indeed offer more favourable conditions if their rfesources allow anf it appears this was offered with the cut off date being the only condition. So yes they could pay enhanced redundancy up to 20 September and after that cut off date there wouldn't be an obligation to pay above statutory redundancy pay. I hope this helps

SolicitorRM, Solicitor
Category: Employment Law
Satisfied Customers: 5205
Experience: Director and Principal Solicitor. UK
SolicitorRM and 2 other Employment Law Specialists are ready to help you
Customer: replied 8 days ago.
thank you, rated.