How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50191
Experience:  Qualified Solicitor
Type Your Law Question Here...
Ben Jones is online now

My company,a very large pharmaceutical firm are going through

This answer was rated:

My company,a very large pharmaceutical firm are going through a re org,65 are being made redundant and our sales team of 14 are going to be transferred to a contract sales company under Tupe.The rational is they want a more "flexible " sales force.Most of us are long serving and would prefer to take the generous redundancy package.Please advise
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. So do you want to avoid TUPE?
Customer: replied 2 years ago.
Hi Ben,yes I have no interest in being Tuped to a contract sales provider after 23years with Pfizer.The other sales teams within the company are being reduced via redundancies
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. 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
Many thanks for your patience. If your employment is genuinely going to be transferred to a new employer under TUPE, then you cannot decide whether to transfer or to take redundancy from the current employer. You cannot be forced to move to the new employer if you did not want to and in that case you have the option of opting out of the transfer, however it will be treated as a resignation and you would not be entitled to any redundancy or other benefits. So these are the two options unfortunately – go along with the transfer, knowing that by law your existing terms and conditions will be preserved and transferred over to the new employer, or refuse to transfer and resign instead. The one thing about transferring is that if your redundancy benefits are contractual you would carry these over to the new employer so if they are going to make you redundant at some point in the future you would still get the same generous entitlement as if the current employer had made you redundant.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones and other Law Specialists are ready to help you