A company I am currently advising has started redundancy consultations with an employee with 4 months service. He is a designer and the co. has decided to outsource the work to an external provider. I am in no doubt that this is a TUPE transfer situation – but the co. seem to think that because the employee has short service they can ignore this, make him redundant and not face the risk of an unfair dismissal claim.
But – I’m sure I’ve read somewhere that if an employee is dismissed for asserting their TUPE rights (the employee is going to raise TUPE at their second consultation meeting) then there is no qualifying service necessary.
Can anyone help me to clarify this as the info on the CIPD factsheet says there is a one year qualifying period to claim. Beginning to think I’ve imagined this loophole!
Anna Brown
