Company folded after 13 years but job not affected as I've carried on under his other

Hi

I worked for a company for 13 years then the company was taken into administration by a creditor. My job wasnt affected as my paye was moved to his other company which continues to trade successfully. My concern is this, should I be pursuing statutory redundancy for the 13 years service from the administrators, or is this service transferred to his other company. I dont want to lose 13 years worth of service.

Hope this makes sense, any advise will be greatly appreciated.

Kind Regards

Luke

You will have to ask the administrators / employer I'm afraid. It is not clear whether this is a TUPE or not, and if it isn't a TUPE then your previous service does not count. The personal identiity of the employer isn't relevant - the identity of the companies and whether a relevant transfer between the companies took place or not is the matter in question. So you can move from one company to another owned by the same person and it may not be a TUPE.

Many thanks for the reply, I've no idea how far along the administration is, my employer doesn’t really tell me anything, and also I don’t want to come across as "rude" asking if my redundancy is secure. However I think it would be extremely remiss of me not to enquire, so I will ask the accountants.

Ps – what does TUPE stand for?

I also think that it would be very remiss of you not to ensure that your sort this out. TUPE is the legislation that covers transfer of undertakings from one company to another - google it and you will find loads of information. But for a simple piece of legislation - it's only about 22 lines long! - it's actually quite complex. But basically, sometimes when a compnay closes and part of its business tranfers to another business, your continuous service is preserved - but sometimes it isn't and it sounds as though your employer is playing just a little fast and loose because he should have told you whether TUPE applied. But you must find out, one way or another.

Thanks again, you've been a great help!