TUPE Question, transfer of undertakings

tred

I started working for a blue-chip multinational in 2003, which was a great company offering good terms of employment. Over the years, my employment has been transferred three times under TUPE (due to mergers, acquisitions, and splits). Each of the new companies has continued to honor my original contract terms and conditions.

Recently, the current employer considered modifying pension contributions (reducing their input), but this has been put on hold after they unsuccessfully tried to align us to their holiday entitlement policy. That attempt also failed.

If I were still employed by the original company, my redundancy package would include an enhanced scheme capped at two years’ salary. My original colleagues who were made redundant received this enhanced package. Even one colleague, who was transferred to another company under TUPE, had their enhanced redundancy scheme matched by their new employer.

This brings me to my concern. Based on what I know, the company I’m currently with will likely make me redundant next year. However, I am being told they will not honor my original company’s enhanced redundancy scheme and instead offer a package that’s almost statutory.

Given this background, do I have any grounds to appeal or challenge their decision if they proceed with this approach?

Peregrinus

Yes, you do, but it'll be complicated. You;'ll have to argue that the redundancy terms you want were a feature of your original contract of employment, rather than (say) a scheme your original employer was offering at the time you transferred out. Does your original employer still exist and it is still offering those redundancy terms to its current staff?)

I think it's comparatively unusual for redundancy terms that will be offered in the event of a hypothetical future redundancy to be considered to embedded in the contract of employment, so you may have an evidentiary fight on your hands.

I think you'll probably need to lawyer up. (Unless you're a member of a trade union, in which case the union may take on this issue for you, especially since it likely affects other members of the union as well as yourself.).

Lenar3556

https://www.boards.ie/discussion/2058391515/tupe-question-transfer-of-undertakings

Does your written contract of employment formally set out redundancy terms?

tred

Thanks for the reply, no its not written down bar an increase of notice period the longer I stay!.

yes all the previous companys are still there, and yes they would be giving enhanced packages to this day. They are large multinationals well known.

What I found interesting was that the crew that landed in one other company after the split, even though known to be cut throat in so many ways, paid the enhanced package for those that carried service over.

Lenar3556

You will need to be prepared to fight hard.

Get legal advice from a solicitor with employment law experience - you may have other claims which can be added into the mix too.

What kind of money is potentially involved?

tred

https://www.boards.ie/discussion/comment/123135280#Comment_123135280

6 figures….it would be the big one if u get me….the last one! :)

spaceHopper

https://www.boards.ie/discussion/comment/123181378#Comment_123181378

Probably best to see one now so that you are well prepared should it happen. If they do offer more or less statutory then don't sign anything tell them you have to get it checked by a solicitor.