Not IVA related but ..

[dok]

OK this question is not strictly IVA related apart from the payment will be going towards it .
I am awaiting a redundancy payment and returned my forms a week ago . I get an email this morning saying the Insolvency service have received them .
Great I think , things are moving at last .
This afternoon I get another from from them to fill in and return by post . This one is called Form RP19 . A questionnaire for further TUPE information from employees .
OK I have searched and see that this relates to someone buying the liquidated company and taking on the staff and all the rest that goes with it .
My question is going to sound stupid , but as I have never been in this position before and want to do it right to not slow it up anymore I will ask .
The first question is . Have you started a new job since being made redundant tick Y or N
Well I did 8 hours for a totally different company which was in no way shape or form anything to do with the previous liquidated one . So should I tick Y or N ?
I am thinking it should be N given the nature of the form .
Any ideas from the Insolvency Practitioners on here ?
Sorry if this is not really the place for the question , but there is a wealth of info on here and it's usually good !

Shane

[sponge]

Sounds like one of those questions to be careful of (just instinctive I maybe a mile off) My first port of call would be ACAS to find out what the implications are, depending how you answer. I hope someone else can more helpful, best of luck

[luluj]

Were you paid for those 8 hours ? If so was this through the books, or was it seen as a trial and unpaid voluntary work?

Through the books then yes you should declare, if it were a trial and you were not paid then I would say no !

But as Sponge says contact ACAS as this is only my opinion.

[dok]

This is where I am getting confused . If I say yes there then follows a list of other questions which all relate to the new job as being one being done under TUPE .
I.E Is my supervisor the same , are you using the same machinery , are you dealing with the same customers etc etc . There is nowhere to say I only did 8 hours with another company and that was it .

[seagulls]

Does doing 8 hours equate to starting a new job ? In my mind its not the same thing .I would put No .

[luluj]

I would put no if i am honest ... 8 hours adhoc work is not a new permanent job that replace the redundant one

[dok]

I just asked this on a redundancy forum as I want to post it back tomorrow and one of their IPs' gave me this response .
" TUPE is the Transfer of Undertakings (Protection of Employment) Regulations 2006. In simple language, it is about when you transfer from one employer to another employer without a break in continuous service, because one employer takes over the company from another one. It is not asking you about employment with a TOTALLY new employer. You may have to declare EARNINGS if asked about those - but this is not the same thing as TUPE. If your new employer was not connected to your old one and didn't take over from them, TUPE doesn't apply. "

That I am going to go with and have ticked the No box .If they want to query it I am sure they will do .

Thanks for all your replies , once again this Forum shows itself in a great light

[dok]

Just a quick update .
Something did not seem right in my mind about the advice I was given so I rang the Insolvency Service this morning to ask them .
They were very helpful and advised me that the only reason they send this form out is to ascertain if the liquidated company has in any way shape or form changed hands . I.e TUPE .
They told me to fill the form out as requested even though I had only done 8 hours work , they could then see that I had not been working for a new version of my old company .
Glad I asked the question as I do not want to lie to them and do anything that might slow down he payment I am due .
They also told me to ring them at anytime if I had any further questions about the procedure .
The Ironic thing was that on the form it asked who offered me the job and as I only knew him as Richard I was unsure about my reply . So I thought I would use company check as it lists Directors names and it is free . Imagine my surprise when it showed that the company is in administration ! Lucky escape ? Something I could do without getting involved in anyway , my life is complicated enough at the moment !!