TUPE / Compromise agreement

I, along with 5 colleagues, transferred under TUPE to a private sector employer from a Local Authority on the 1st April. During the consultation period three of us requested the option of voluntary redundancy rather than TUPE. This request was refused on the grounds that the Local Authority had a legal obligation to minimise redundancies.

On the day of transfer one of my colleages was offered a compromise agreement by our new employer which she has accepted. The cost of this agreement is being paid for by the Local Authority. Neither our new employer or the Local Authority have been prepared to say why this situation has occured but we we understand that there are no specific personal circumstances or previous performance issues.

It seems totally unfair that this option has been offered to one person - do we have any legal redress open to us?

No, I'm afraid there isn't. By it's very nature a compromise agreement is confidential and you have no right to know whey it was entered into. That said, even if you did know, it would make no difference - there is no legal right to redundancy, and if the employer is not offering it, then you can't have it. There is a legal right to claim against being terminated (dismissal or redundancy) - no right to appeal for being terminated, I am afraid!