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Entitlement to redundancy payment and TUPE transfer

SSAM · 2010-07-13 10:49:03

A contract for service has been awarded to contractor B. It was previously held by contractor A. Contractor B accepts a TUPE situation to be in existence and therefore all staff will transfer. Nothing is changing in terms of workforce numbers, roles or the organization. Are there any circumstances under which the staff…

13-07-2010 10:49am

#1

SSAM

Closed Accounts Posts: 1 ✭

Join Date: July 2010

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A contract for service has been awarded to contractor B. It was previously held by contractor A.

Contractor B accepts a TUPE situation to be in existence and therefore all staff will transfer. Nothing is changing in terms of workforce numbers, roles or the organization.

Are there any circumstances under which the staff would be entitled to a redundancy payment from Contractor A while still being entitled to a transfer?

In essence:

(a) Contractor A pays redundancy to all staff.
(b) Contractor B is required to honour everything under TUPE with the exception of the portion of service history for redundancy purposes which the staff received a redundancy payment for from Contractor A?

Can this situation arise in Ireland?

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