Redundancy after TUPE

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    Steve124 Steve124 is offline Junior Member
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    Default Redundancy after TUPE

    I was TUPed across to my current company 1 year ago.
    I am now being offered voluntary redundancy but the terms offered are not as favourable as were in place at the company I have left.
    The company I left had formal written Agreement which defines the redundancy terms. Current company state they do not have to honour this package - is this correct?
    I am entitled under TUPE to these better terms ?

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    face2facehr face2facehr is offline user
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    As I'm sure you know, under TUPE regulations, your existing terms and conditions must be honoured. If there were defined redundancy payments as part of your terms and conditions, which it sounds as though there were, then yes these must be honoured.

    Was the agreed redundancy package at your old company applicable to both compulsory and voluntary redundancy situations do you know? It would be helpful if it specified both obviously. If it specifies compulsory redundancy then it won't apply in your current situation anyway.

    As your potential redundancy is voluntary at the moment, you can of course decline it. Usually voluntary redundancy packages are higher than the basic minimum to try and incentivize employees to take up the option, but there's nothing stopping them offering less if they want to.

    If you are interested in taking redundancy I would suggest you write to your new company, pointing out your existing redundancy terms and conditions and request a new package be offered for your consideration which reflect those terms. Keep in mind that depending on the situation and how much they want you/others to take up the option, they may elect to withdraw the offer of voluntary redundancy altogether if they don't wish to offer the enhanced package your terms and conditions specify.


 
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