How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 45348
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your UK Employment Law Question Here...
Ben Jones is online now
A new question is answered every 9 seconds

I was recently made redundant from a company without notice

This answer was rated:

I was recently made redundant from a company without notice as the company went into administration. The company has now been sold, do I have a case for compensation claim under TUPE laws?

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Was the sale with the aim of continuing the business as a going concern?

Customer:

Yes, thats correct

Ben Jones :

Whilst TUPE does not usually apply to insolvency situations, there is one exception where it could apply to relevant insolvency proceedings, where a business is sold as a going concern. Saying that, there are still a number of further exceptions where certain pre-existing debts will not transfer to the new employer. Such debts will include payments payable under "relevant statutory schemes" and these will include redundancy payments. Therefore, these will be covered by the Secretary of State rather than the new employer and you would need to claim for it from the Insolvency Service.

Customer:

Would I be right in thinking that if I wish to explore the possibility of pursuing a claim - I do this through an employment tribunal and if so would the claim be against my original employers / new company owners or the appointed administrators?

Ben Jones :

claim for what - redundancy payment?

Customer:

Yes thats correct

Ben Jones :

yes you would go through the employment tribunal but if you were dismissed before the transfer took place then the liability will not be transferred to the new employer and you can only pursue the Secretary of State for that. it would be pointless to pursue the old company as they will not have any money/assets, having become insolvent

Customer:

OK thanks, XXXXX XXXXX now answered my question.

Ben Jones :

My pleasure. Please take a second to leave a positive rating for the service I have provided you with as that is an important part of our process. Thank you

Ben Jones and 2 other UK Employment Law Specialists are ready to help you

Related UK Employment Law Questions