Our promotions agency lost out to another last month. I worked on the account with four others.

We have all been contacted by the new agency and have offered us a transfer to them, but also indicated that the four of us and the current team employed there would mean that they will be overstaffed. They have been very upfront about covering our TUPE rights, but also said that once we transfer, redundancy procedures would be taken to keep the staffing at optimal levels.

For my part, I really do not want a transfer and would prefer a voluntary redundancy package, but it is not on the table yet. I am fearing that we would be the ones made redundant since we are the new kids on the (chopping) block.

Hmmn, I think that you are jumping to conclusions. Surely, there would be negotiations before the transfer takes place, be sure to ask the new agency how they will carry out the redundancy. What criteria are they going to use and how they are going to evaluate you and your colleagues vis-a-vis their own workers who are in the same boat as you are. This is tricky, because the new agency clearly does not know you and your colleagues, much less your work attitudes and habits.

I don't think that they could make you redundant because doing so would be illegal, as your redundancy is directly related to your transfer to them.

You cannot flatly refuse a transfer to the new agency and still expect a redundancy payout. Your refusal would be seen as a resignation and you lose your rights under TUPE or any other contract/law for that matter.

My best bet would be for you to transfer, and if you are made redundant, accept the payout. You could also go to the Employment Tribunal to have it sorted, if you feel that you were dismissed unfairly.

Yup, that would be correct. Your refusal to transfer would be seen as resignation and both your current and the new agency won't have any liabilities or responsibilities with regards to your employment anymore.

Isn't there a procedure that you should follow if you raise a redundancy appeal or complaint with the tribunal?

Yes, basically you exhaust all possible means to appeal your redundancy with the company. If you have already left the company, then you must give them a letter to specify that you think you have been wronged and is currently seeking redress. Wait for a reply from them.

If no reply was made within 28 days, then you could go to the tribunal.

Thanks for this. I think that a lot of people do not know this and would refuse a transfer, thereby forfeiting their rights.

I don't really understand the question ... but I think what you are saying is that you have given your contractual notice period, but you have been asked to stay beyond that time, right?

You do not need a new contract to do this. You simply work under the terms of your old contract. However, you are certainly not obligated to stay beyond your original notice period if you don't want to.

That said, you mention "voluntary redundancy package" - although then this doesn't relate to the other information, so not sure how it fits in. If you are being given a payment larger than the statutory minimum but you don't work until whenever they want, they can revoke this. However once they have informed you of redundancy, they still have to pay you the statutory redundancy payment even if you do not work until the end.

Hi Robert:

It seems that you misunderstood the question Please re-read, it' simple enough.