Outsourcing and TUPE

[buster12345]

In 2004 I had been working for the NHS for 28 years and at that point I was outsourced to another Company. I was six months off being offered early retirement and my pension being paid. now we may be offered redundancy again, There are now new legislations under TUPE that came into force in Jan O5 would we be safeguarded under them or would our TUPE be still the same as when we were originally outsourced under the rules at that time. I am asking as the redundancy payments are now better which is typical.

[buildersmate]

I need to explain what TUPE means to answer your question. TUPE means that your main employment terms and conditions of employment (or better terms) must be transferred with you to your new employer. It only has a link to redundancy terms if these are enshrined in your T&Cs of employment. I am well aware that there are many Government departments that had set redundancy terms. There are very few private sector companies that do this.

I am assuming that you were transferred to the private sector. The TUPE terms that applied to you were those as at 2004 - anything later is irrelevant unless you are about to be TUPEd somewhere else when the current legislation would apply.
If your question is: your original employer (the NHS) has since enhanced the redundancy terms for current employees, so does this apply to you as well, the answer is no. Your employer is not the NHS.
If your question is: your current employer offers redundancy terms that are better than those transferred with you in 2004 within the T&Cs of employment, then yes, those better terms apply.
Mercifully for the taxpayer, this ridiculous business of releasing public-sector employees before their normal retirement date on enhanced terms (which are paid for by me and millions of others) has all but died out now. Quite right too.

[joshuareil]

If you are not taken advantage of you being outsourced to another company then I think there's nothing illegal with it.