TUPE and redundancy — Scope | Disability forum
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TUPE and redundancy

Mango123
Mango123 Community member Posts: 9 Listener
edited September 2023 in Work and employment
Does anyone know who is responsible in a TUPE situation?

Grievance raised with old employer near TUPE
New employer made immediate redundant due to ETO and said no grievance passed on, they can't investigate and any issues must be taken up with old employer
Old employer - had said all liability goes to new one
New one emailed to say nothing received, they wont investigate etc and they paid me redundancy but still no payslip OR P45 yet from them
Old company has issued my P45 from them

I have ACAS early conciliation open atm but I'm not sure how helpful they will be as he is now just telling me to get legal advice, I thought ACAS would know more on this situation which is why I am using them...now I think as it's getting complex it should just all go to tribunal. (I put both companies on but I don't think the new company realised I would do this as they just referred back to the old one) I'm having issues getting any free legal advice due to savings (Plus legal advice is at least £220-270 per hour can you imagine how that would add up!)

Grievance is for indirect disability discrimination and ACAS said personal injury can be covered as my health was affected over the redundancy process as they failed to cover reasonable adjustments over the process. 

I'm just wondering if they didn't do something right in TUPE now so really it's another issue after the grievance was raised. 

Comments

  • Jimm_Scope
    Jimm_Scope Posts: 2,285 Scope online community team
    I definitely have less knowledge than ACAS on this matter. So if they think this needs legal advice then it may do. I will say a lawyer will be able to help even prior to a tribunal.

    I will use my partners recent situation where she was dismissed for "capability". It most certainly isn't an equivalent situation to yours though. After her work dismissed her and gave her 10 days to agree to a settlement she hired a lawyer who took over the negotiations. She didn't really want to go to a tribunal, so she just asked for a few months more garden leave. Enough to give her some breathing space in finding a new job. The company ducked at the last moment when they realised either they give her what she was asking or it go to tribunal. Where for disability discrimination the punishmet could go much higher than a few months of her salary. Even though my partner winning the tribunal is far from guaranteed the company didn't want to take the risk.

    It can't hurt to have a lawyers advice when it comes to the law and especially when things get complex enough that even an advisor is saying it's probably best to consult one.
    They/Them, however they are no wrong pronouns with me so whatever you feel most comfortable with
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