TUPE transfer occurred in 2003 of around 700 employees from employer A to employer B. Employer B continued to honour the redundancy payments rates established by Employer A over many years : both for voluntary and involuntary situations. (This was 2.25 weeks per year of service.) Headcount was reduced in waves over several years until the facility was closed and work transferred overseas. Approximately 10 heads still remained in the UK, supporting the overseas production. The business is now being divested to Employer C and the UK staff will TUPE transfer. Will the previous Employer A/B terms be protected by TUPE for immediate or future redundancy? How would this typically be handled and documented by the consultation process?
Derek Barclay