Is this a redundancy situation - if not does TUPE apply?

My mother works for a company which is ceasing trading as one entity but is going to start trading as another, doing broadly the same type of business.

She has been offered redundancy, however they have said that if she took this they would employ someone to do the same kind of job, albeit on shorter hours. I'm not sure, therefore if they can make her redundant.

They have also offered her the chance to stay on. If she stays on would TUPE apply and her terms and conditions (including hours of work) and existing service have to be transferred across and protected. How long would she be entitled to have her hours of work protected for?

Thanks

I was TUPE' d recently. She needs to go over carefully what is in her contract and what isn't - she possibly doesn't even have a copy of her full contract, may have to pay an admin charge of about Â£10 to get a copy. If hours of work are in her contract then they will have to be honoured. Pension is what a lot of people at my work were up in arms about - it was not contractural and a lot of people (including me) were stitched up over it.

Tufty Porcupine

It's a very complex legal area, but my understanding is that TUPE should apply. (If she's a member of a union she should get them to offer legal advice.)
She could be offered redundancy if they feel that her full-time position is no longer required, so if she feels she wants to accept this it may be worth doing so.
If not, and TUPE does apply, there is no time limit as such. An employer can serve notice to terminate a contract to change terms and conditions at any time - so TUPE applies only at the point of transfer. However, if a change were made soon after a transfer she would have a good case for asserting that it was the transfer that was the cause and that the law has thus been contravened.
There are exceptions to TUPE as well - e.g. for 'economic' or 'functional/operational' reasons i.e. if an employer can proved that to take on all the staff on their current conditions would not be financially viable and would cause the company to go bust, or if they can prove that it would cause the company to be inefficient, then they can be excused.
Like I said, very confusing. Hope she's in a union!

Neil M

I don't know, but if I was her I would take the redundancy money, and get another job.

Indeed if she is a little crafty she could get the redundancy money, and then go back to work at the same company as a temp.

angie n

your taking two different thing on one hand redundancy in this case the firm would pay out a package base on age and length of service if your mother pension becomes payable depends on the pension scream, the second question is again based on the same idea ,age and service the company can make a lump sum payment or payments spread over time the most your mother can expect is about four and a half years this can be reduced each year with your mothers pay rise

Chris

TUPE means the same working conditions, IE pension, pay rate ect.

Taking redundancy may leave her with a lump sum , but she may have to re-apply for the job on a completely different rate and conditions the fact that this has been offered indicates the company is well impressed with your mum and wants to keep her either way and offering these choices is actually a mark of respect get her to speak directly and openly to her manager for the best advise on the next course of action, it's really depends on her lenght of service

Voice of Reason

Difficult to answer accurately without knowing the precise details. Get her to speak to her union rep.

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