I was outsourced to a company back in April last year under TUPE and I have been working on my old employers account since April.  I was given an end date for this assignment for the end of the year, reason given is that they are taking the work to India.  This means from January I will be 'benched' and will have to look for a new assignment, if after a month they cannot find you work they look at making you redundant. 

My concern is they will not be able to find me a new assignment.

My terms and conditions do not contain any details of any specific redundancy packages.

My new company's formula for redundancy is one week * years served * multiplier (This multiplier depends on individual circumstances which they are unwilling to discuss at present)

My notice period is three months and I have up to the beginning of April until TUPE expires. 

Please can anyone advise if they can make me redundant with just the statuary requirements?

Thank you

Matthew

A fair redundancy process would include due consultation, including consideration of any alternative duties.  If there are other employees carrying out like or similar work, then an objective selection process may be required (unless all such roles are to go).

TUPE does not 'expire' at any time, but if the new employer can show genuine and objective Economic, Technical or Organisational reasons for the end of your assignment, which moving the work to India could come under, then unfortunately theyre may be reasonable grounds to make you redundant.

However, under TUPE, if your new employer's redundancy packages are more generous than your pre-existing terms and conditions, then you would be entitled to claim the benefit of them accordingly.  There is recent case precedent as per Regent Security Services Ltd v Power.

I would also highlight that under TUPE you would have transferred over from your previous employer with continuity of service, so the years served would have to be calculated accordingly.