Help with TUPE and redundancy please!!

[Supercal00]

Hello, looking for any guidance on this situation you could offer please. Partner has worked for a company since August 2021. Company take over November 2022. Role at risk and highly likely will be made redundant. Notice in contract is 2 months. Does the company have to pay anything out on redundancy at all? Just looking for some guidance as he is under consultation but hasn’t been advised what the redundancy terms would be and I am concerned he hasn’t worked for them for 2 years.

I think there is no redundancy but i am wondering if they have to stick to the 2 months notice/pay so at least that will be covered but unsure.

He is not entitled to any redundancy pay (though some companies do offer enhanced terms) and they need to give him notice in line with his contract.

Thank you. I thought so but the notice period in line with his contract is good news. I just wondered if because he is under 2 years if anything different could happen. I suppose we’ll find out when he meets them at the end of the week. Would you happen to know what happens with any benefits in particular a car? Does he keep that during the notice period? Thanks

Was he TUPEed across to the new company?

I think he would be eligible for redundancy for the total of his service under the old and the new companies.

www.acas.org.uk/employee-rights-during-a-tupe-transfer/your-redundancy-rights-under-tupe

Hi he was but has only worked there since august 2021 so not 2 years. Will take a look though. If he gets the 2 months notice that would be a relief.

With the 2 year rule I cannot see he is entitled to anything redundancy wise.

If he is at risk of redundancy there are a few options but with less than 2 yrs continuous service he won't be entitled to statutory redundancy pay.

1 - they may decide not to make the role redundant (not likely)
2 - is it every person in the role that is being made redundant or are they reducing a team down, in which case he may be one of the people who keep they're job
3 - are there other roles available in the company. If there is another role very similar to his he could argue it's a suitable alternative role and potentially get moved into that.
4 - if there are other roles, not a direct match but that he is interested in he can apply and as an employee at risk of redundancy should be given priority over an employee not at risk.

www.gov.uk/redundancy-your-rights/suitable-alternative-employment

Hi, thanks for that but it’s defiantly a redundancy situation. 5 people for 1 role and he came 2nd so expect on Friday that it will be confirmed as the consultation period is over by then and he has a meeting first thing. I think at best we have the 2 months notice but now he cannot find a copy of his contract! However someone (not the new buyers previous owner) has confirmed they saw it as 2 months