Am i entitled to redundancy pay?

stihl260

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Hi everyone.
This is bit of a grey area, as its not as straightforward as normal.
My boss anounced the other day to all employees that everyone will receive a P45 at the end of this month with our wages.
No the company is not going bust, but becoming a Ltd company.
So we will all be Employed with the new company ( the old one was going for over 30 years , but not a Ltd company.)
Its a family business with the owner gradually handing over the reigns to the 2 sons, so he can retire eventually.
I know that if your employment is terminated and then taken on again within 4 weeks then you are not entitled to redundancy pay.
My line of thinking is that we are not being re- employed by the same company, but a new one.
We will carry on as before doing the same contracted work, with the same premises, vehicles , equipment etc.
So there is an obvious transfer of assets for the sake of continuity.
There only 2 of us that have been in employment over 2 years with the old company.
has this happened to anyone else?
On a seperate question?
If i have signed any agreement regading if i leave that i pay back the cost of training on a sliding scale over 2 years.
Does that still apply if i leave under the new Ltd company or was the agreement only valid under the old company?
Hope someone can shed some light on this one.
Thanks in advance.
 
I've read through this a couple of times just to clarify things.

Don't you think you're being a tad greedy looking for redundancy money in the circumstances, particularly in the current economic climate?
 
wouldnt say he is being greedy if he is going to loose his continued service for future redundancy if there is one.And i dont swallow your lucky to have a job bollocks that getting waved at every employee in every sector just now either.
Dont know the asnwer to the questions though sorry
 
I've read through this a couple of times just to clarify things.

Don't you think you're being a tad greedy looking for redundancy money in the circumstances, particularly in the current economic climate?

Thats why neither of us have pushed the issue , i'm just after some clarification.
It may well turn out that the 2 of us are given a payment in our last pay packet.
As to the current economic climate, thats why i work for a company that carries out work for Housing associations and Local Education Autority Contracts, Highyways etc ( All funded from the government).
So unless Gordon Brown actually bankrupts the country i'm unlikely to be out of a job.
 
wouldnt say he is being greedy if he is going to loose his continued service for future redundancy if there is one.And i dont swallow your lucky to have a job bollocks that getting waved at every employee in every sector just now either.
Dont know the asnwer to the questions though sorry

Thanks as the continued service is an issue, not the money as such as i have only been there 2 and a half years.
The other chap has been there for 16 years though!
 
I've read through this a couple of times just to clarify things.

Don't you think you're being a tad greedy looking for redundancy money in the circumstances, particularly in the current economic climate?

I can't see why he's being greedy if its something he's entitled to and the company are just changing their name to save themselves some money imo. Looks like the company are being the greedy ones to me.
 
if you are over 18 months in employment --yes
you get 1 week up till 2 weeks max week wage £300+ for each year depending on age
if they simply transfer you they call this tupe and it means your terms and conditions stay the same this include service, wages, holidays and sick ect.
if they make you redundant you can take the money and would not have to pay them for trainning as it is them breaking the contract not you.
you can also accept your old job back as this would mean you have a new job as the company has been closed and re openned

google redundance and the gov website will tell you all legal stuff.
 
It appears a bit strange that you get your p45 when they go limited.
when the company I work for went limited there was no change,
 
sounds like he is making you redundant without consultation

give acas a ring

if you have less than 2 years continual service with the company then he does not have to give u redundancy

if you are re applying for your jobs then that is fine but your employment should not be terminated until u receive a formal letter concerning the start of consultation and 4 weeks notice

u been there more than 12 months but less than 2 years then claim unfair dismissal if he has not gone down the consultation route

it gets messy once employees doing the same job as you are kept on whilst your employment is terminated without any procedure or protocol [ consultation] hence the above

if all employees are being made redundant then it will be harder to go down the unfair dismissal route, u just claim lack of consultation

TUPE means your basically being moved to another premises whilst keeping the same contract and same job role whilst continuity of service, effectively most employers start the consultation process [ 4 weeks notice] when they start TUPE

sounds to me like another employer who doesnt know what he is doing

i am about to settle with an ex employer for around 10k and it hasnt gone to tribunal yet, they refused me my statutory rights concerning consultation and did not make me redundant properly, i also got enough evidence to show personal motive in making me redundant so i am claiming for a fat unfair dismissal pay out
 
wouldnt say he is being greedy if he is going to loose his continued service for future redundancy if there is one.And i dont swallow your lucky to have a job bollocks that getting waved at every employee in every sector just now either.
Dont know the asnwer to the questions though sorry

Couldnt agree more mate, I am stick to death of this shite. This recession has paved the way for companies to get rid of staff without too much hassle.

There should be something to help you if your loosing your service.
 
Couldnt agree more mate, I am stick to death of this shite. This recession has paved the way for companies to get rid of staff without too much hassle.

There should be something to help you if your loosing your service.


Well said Chris we only well know that if they want rid of you they'll do it anyway.

Try your local CAB Office mate they're always well clued up on these kind of issues.
 
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