One of the elderly ladies here is employed by lehman brothers under the receivership of PWC...what would happen if she was offered another job and left before she was officially redundant? would she lose her redundancy pay?
She is worried as someone has mentioned the prospect of a future job, but thats not definite..
I'm by no means an expert on this, but if I am not mistaken if they don't need to make you redundant (e.g. because you have another job) there is no redundancy pay.
Whether she would take the job or not would obviously have to depend on how high she expects the redundancy pay to be especially given that the outfit is technically declared bankrupt, and when it is expected to be finalised.
Handing in resignation prior to being offered redundancy does mean that the employer is not bound by legislation to offer redundancy payment.
I'd suggest speaking with HR and seeing if she can find out what the plan is vis a vis redundancies. If some jobs are being kept with the Nomura/Barclays deal it may be that they are looking for people willing to take redundancy. Pushing an open door will always be their easiest and thus most likely option. Obviously this would be an ideal solution. Whatever she does I'd suggest playing cards as close to her chest as possible re the alternative offer of employment but she may have to take the plunge if the new employer needs an answer.
TUPE stands for the Transfer of Undertakings (Protection of EMployment) Regulations. They exist to protect the terms and conditions of employment if a role/department/business is transferred from one owner to another. So say you work in a shop owned by Mr A and Mr A sells his shop to Mr B, Mr B has to keep your employment going on the same terms and conditions.
Have they been given a reason why they're aren't being transferred across? In theory, if their roles are transferring, then they have to transfer (if they're employees).
So if certain parts of the firm have been ' bought' and certain departments within l**** have not, but my friends will be transferred to an identical position within the takeover company? where would they stand?
It depends on whether they will be doing exactly the same job for the same purpose with the same outcome, I think. My dad had something similar and had to sue his prospective new employer when they insisted that his position was not subject to TUPE as his contract ended on a Friday with his former employer and started with the new one on the Monday. The only reason he would have been working for the new employer was because the old employer had lost the bid for government funding which funded the whole thing and the tender had gone to the new employer. Anyway, the litigation settled just before the hearing (as it usually does) - my dad had to keep an eye on his solicitor costs and the new employer did not want to set a legal precedent. My advice would be to get all the details and see a solicitor. There is only a three month time-frame from a dismissal to issue a claim for unfair dismissal if it occurs.
If your friends are in one of the departments that have been bought, then their jobs should be transferring under the TUPE Regs. If jobs are transferring to the new owner then the people who are doing those jobs are entitled to keep their jobs and transfer to the new employer, keeping their terms and conditions of employment (benefits, length of service etc) as per their contract with the old employer.
If you aren't in one of the departments that have been taken over, then you don't have to transfer across because your job isn't moving.