THE COMPANY I WORK FOR WENT INTO RECEIVERSHIP ON THE 7TH SEPTEMBER
THEY REOPENED ON THE 10TH OF SEPTEMBER WITH SIMILAR NAME SAME
DIRECTORS SAME PREMISES SAME TELEPHONE NUMBERS SAME EMAIL SIMILAR
STATIONERY AND TOOK BACK A MAJORITY OF THE EMPLOYEES WHO WERE PAID A
FULL MONTHS SALARY CAN YOU TELL ME IF I HAVE A CASE FOR A TUPE
TRANSFER

---

Request for Question Clarification by jumpingjoe-ga on 07 Feb 2005 16:12 PST

The very quick answer may well be no:-

My initial research suggests that the only relevant complaints you
could make to an Employment Tribunal are:

i) that your employment should have transferred under TUPE and you are
thus unfairly dismissed as a consequence of the transfer;

ii) that the employer failed in its other TUPE obligations.

Regardless of the merits or applicability of these to your
circumstances, both carry three month limitation periods. This means
that unless you present your claim to a Tribunal within three months
of the act you are complaining of, then your claim will be rejected.
This applies unless it was "not reasonably practicable for the
complaint to be presented before the end of the period of three
months". This doesn't include not knowing you had a claim, and is a
hard barrier to face. Let me know if you think you have a reasonable
shot at proving that there was a reason you didn't act within three
months, and we can discuss your case further.

Whilst Bryan is correct in that employment tribunal claims cost
nothing if you do them yourself, bringing a claim that is
"fundamentally misconceived" can sometimes attract a liability for the
employer's legal costs. I'm not saying that yours would be, and the
tribunals continue to be hesitant in making such orders - but it's
something to think about.

If in doubt visit a lawyer (something that Google Answers isn't) and
pay a modest sum to have your question definitively and
authoritatively answered.

Please feel free to respond with further queries as to what I've said above.

---

Clarification of Question by dr10-ga on 08 Feb 2005 00:02 PST

i have put in a claim but need to know if there is an law on this subject

It's certainly worth making a claim. It costs nothing if you do it yourself.

The Tribunals are now very sympathetic to the employees and employers
often settle out-of-court to avoid unwanted publicity and the hassle
involved.

Many employers also insure against such events and their advisers
often recommend a payoff.

How much you get (if anything) will largely depend on your length of
service. Certainly a month's salary seems a possibility.

Bryan

I'm neither a lawyer nor a GA Researcher but I do have practical
experience in TUPE.

First, I would NOT use a solicitor because the good ones are expensive
and hard-to-find. Worse, you may even get a bad one. (Don't even think
of asking the Law Society to recommend one!) And, importantly, the
Tribunals now fall over backwards to help claimants who cannot afford
legal representation.

Second, yours is not a typical TUPE situation. There was no transfer
of 'the undertaking' as such but a curious receivership followed by a
quick renaissance.

This strikes me as very shady and it would be worth your while to dig
into the circumstances. If it is as shady as it appears then the
employers are unlikely to want any press exposure. (The Tribunals are
open to the public.) Hence, they are a good bet for an out-of-court
settlement. If you get a reasonable offer, take it!

It is true that you have to lodge your claim within three months but
critically this is within three months from the time that you first
heard of the shady
business. Clearly, you were advised that the old employment had ceased
but it appears that you were never invited to join the phoenix.

Yes, the Tribunal can saddle you with some costs should they wish but
this is rare and (in my view) low risk.

The strength of your case is in exposing the dodgy dealings. 

I would go for it!

And QUICKLY!

Bryan

There's stacks of stuff on the Web:

://www.google.co.uk/search?hl=en&q=tupe+&meta=