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Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.
How long had he worked for his employer?
Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Many thanks for your patience. As the claim was withdrawn, its outcome would have no bearing on him, especially as each case is considered on its own individual merits. Therefore, just because colleagues of his may have won their claims, does not mean he would have won his as well, no matter how similar their cases were. He can nevertheless use this as an example when going back to the Insolvency Service to trey and claim his redundancy from them and hope that they would take it into account, but as mentioned, they are not legally obliged to. As he cannot make a claim again, his best option is to go back to the Insolvency Service and, together with the outcome of the claims of the other employees, hope that they change their position in this respect.
Does this answer your query?
As mentioned, the decision is not binding on the Insolvency Service especially as he was not part of it hut he can use it as evidence to strengthen his case with them. But just because they rules TUPE did not apply to those who claimed, it is not a guarantee that the same applied to the rest of the workforce as each person is treated individually based on their own circumstances.