A well know bank recently closed down the Independent Agency Network – staff are employed by an Independent Agent who has a contract with the Bank to run local agencies for them. It was decided by the bank that there was a service provision transfer under TUPE and they also decided to carry out all consultations with staff to the exclusion of the Agent/employer. Some staff, if selected by way of a tests were offered cashier jobs in bank main branches, others were transferred via TUPe then made redundant by the bank. I left the same after 20 years to run a group of agencies all of which were closed by the bank early Nov. I was included in all 3 consulatation meetings over a 4 month period with the bank all of which are documented by them and all of which told me that I would be transferred to the bank on closure and made redundant unless I found a job in a branch or stayed with my current employer.  I was included on the spreadsheets from the bank requesting information (hols/bank details/Nat Ins details etc) for all transferring staff. As an area manager I was not offered a cashier role by the bank but told I could apply for jobs as an external candidate. 3 Hours after the closure of the last agency, I was sent an email by the bank telling me that I was not going to be transferred but would continue to be employed by my current employer – impossible as the company was set up purely to run agencies  for that bank and would cease trading on that day. My employer wrote to the bank to confirm that I was included in the orgainised grouping/was fully assigned to the bank’s agencies and should transfer with the other staff/be made redundant. I have an enhanced redundancy package as a senior manager and I feel that the bank are trying to wriggle out of paying me that plus PILON and outstanding holidays. 2 weeks after the last agency closed, I was sent a blank payslip (no monetary amount) by then bank  with a payroll number on it, but they have said that was a mistake! As the agent had 22 staff when the closures were announced, albeit in different locations in the UK, should this have been considered for consulattion as "one establishment/one company" and therefore employee representatives been voted in and consulted with by the bank?  How can a decision be made to take someone out of the pool of orgainsed grouping 3 hours after the final closure has taken place? Surely the production of a payslip is evidence of a transfer and therefore I should be able to claim unfair dismissal at tribunal/civil court. Any views??

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