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Do they need to pay me redundancy?

5 replies

aideesmum · 10/03/2009 09:25

Hi all,

My company has made most people redundant now and it looks like the company is winding up. I have not had any letters yet.
There will be a new company set up, not by previous owners, but will be selling the same product. It looks like I will transfer to the new company.
Would my current company have to pay me redundancy? I am hoping so.
I have been here for 3 years.

OP posts:
Bramshott · 10/03/2009 09:27

I'm afraid I don't think so. A company I once worked for was bought out as a 'failed business' and the options were either that we "transferred" our employment, or took redundancy, not both.

flowerybeanbag · 10/03/2009 09:50

It sounds as though this may come under TUPE, which is legislation protecting your employment should the business change hands or similar. If you are transferring to the new company you won't get redundancy money as you are not redundant.

aideesmum · 10/03/2009 10:31

Thanks for the info, I did suspect that would be the case.
What happens regarding my length of service? If I was then made redundant a few months down the line would my 3 years service mean anything in the new company?

OP posts:
flowerybeanbag · 10/03/2009 10:33

Yes, your service will count as continuous, so when it comes to redundancy, or in fact anything else service-related, your service with your current employer will count.

aideesmum · 10/03/2009 13:30

Thanks Flowery - I know how things stand now

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