Redundancy

[McNibs]

My husband is being made redundant early next year
He was TUPE'd 18 years ago from a civil service contract which offered an enhanced package for voluntary redundancy, as opposed to the compulsory redundancy package. Newer employees are on a different contract without the enhanced package. The current employer is saying they are unable to offer enhanced packages for voluntary over compulsory, and that the amount paid will be the same regardless of if employees volunteer or are made compulsory redundant.

Can anyone advise if they can disregard the terms of his original contract in this way please? His is in the union and is waiting for their advice on the matter.
Thanks in advance.

Have they given him a new contract? If so that will apply.
Suggest contact ACAS

Hi Ariel's, thanks for replying. He got a new contract stating he was being TUPE'd under his existing terms and conditions.
I'll advise him re ACAS.

Ariela sorry

Voluntary redundancy is voluntary on both sides. He can't volunteer and force the employer to adroit his volunteering. It isn't really redundancy at all. The actual term is "mutually agreed termination" - the emphasis is on mutual. The employer is legally entitled to refuse volunteers, but then make compulsory redundancies, and to make those on whatever redundancy terms apply.

Accept not adroit!

Quveas thanks for your reply.
His original contract states 'If you were previously turned down for voluntary redundancy then later selected for compulsory redundancy under the linked scheme, you will receive voluntary redundancy terms.'

18 year seems like a long time to be on TUPE, has he not changed role or restructured in all that time?

Sorry posted too soon.

If he is definitely still under his TUPE T&Cs, then he should get his redundancy pay as per his contract.

Has he actually reminded them he is on TUPE?

Depends on how badly your company treat you. Some friends were made redundant after tupe the term were nowhere near what they'd been expecting, the company didn't paid for them to see a solicitor if they wanted. The solicitor told them the offer was better than minimum but not what their original contract offered, they could challenge it but after costs they may be no better off.

Didn't paid = even paid

It was 18 years ago op, he has a new contract now, cmon you’re smarter than this and you know this, no 0ne is this dim.

Terms will be grandfathered for a yea or 18 months then he’s on the new terms. He knows this.

Thanks for your replies. Todays was the first initial correspondence about the redundancy,he did bring up the fact that there were some staff on TUPE and it was noted. There's a meeting about it next week so hopefully there will be some clarification then. Your replies have been really helpful in getting more understanding of the process so thank you again.

You don't know what you're talking about at all - that is not true unless he agreed to it.

Oh give over, they don’t do individual negotiations lol get a grip of yourself, he’s on a new contract end of,

TUPE protections are indefinite, they don’t come to an automatic end after a set period of time. They can be altered however, similar to other employment contracts, due to restructuring, a change of role (e.g promotion), or if the conditions of the new contract would leave you better off than the conditions of your TUPE contract.

Yes they do. I've managed this process many times in my role. The law is very clear on this. You can do collective agreements but only if the change isn't less favourable.

The government's own website confirms this.

Exactly. @Floweryflora is entirely incorrect.

@McNibs - has he had no promotions or job changes since he was TUPEd that came with a new contract issue? If he has you need to check that contract to see what he signed up to.

I’m really not, she needs to check how long his terms were grandfathered for and if a new contract was implemented

why do no marks who don’t work in this field comment???

Yes you are. This is literally part of my job. I have done this 100s of times. We TUPE people constantly in my industry, both in and out. It's not legal to put an end date on TUPE grandfathering. And they can't make his terms worse in a new contract without his agreement.

I do work in this field. You clearly don't or you would know that time limiting TUPE without the employee's agreement isn't possible.

I just googled to confirm I was correct, which I no I am anyway as I work in HR. If you are so knowledgeable perhaps you should contact ACAS and let them know their help page is wrong.

www.acas.org.uk/employee-rights-during-a-tupe-transfer/changing-your-employment-contract-after-a-tupe-transfer

*know

@PinkFrogss - the government’s own website tells @Floweryflora she’s wrong but she still insists she’s right 😂