Help!!!

[Spyroxxx]

I have been given notice of risk of redundancy. I have been informed that my position will be subcontracted to an external organisation?
Firstly I think that this is not a redundancy situation and secondly, why have I not been offered TUPE?

Should I negotiate the best redundancy package I can and leave?
OR, raise the issue of not being offered TUPE?
OR, accept the redundancy and then start proceeding with an industrial tribuneral as TUPE was not offered?

What should I do?

Any guidance would be greatly appreciated.

 

[HFE Signs]

If your position is to be sub contracted out then the position isn't redundant??

 

[kodajo]

If you're position is to be subcontracted to an external organisation then under TUPE there might be a service provision change, and if so, your employment might transfer across to them.

Your current employer and new employer have a statutory duty to inform and consult you of the transfer, if they fail to do so you can claim compensation in an employment tribunal.

If you are dismissed by your new employer for a reason connected with the transfer, it is likely that it will be automatically unfair, and therefore you may be entitled to also make a claim for unfair dismissal. Particularly if they fail to follow the correct procedures for dismissal.

TUPE isn't something that you are offered, it is something that happens automatically when there is a service provision change, certainly the company taking over the contract that covers the work that you are currently doing, has no choice in the matter. Furthermore they have a legal obligation to inform you of the transfer and consult with you about it.

 

[jamesrenrut]

I think, legal actions need to be done. Consult your lawyer about it.

 

[Steve Sellers]

Another post in which the OP fails to return....... :|

 

[Nuno]

Another post in which the OP fails to return....... :|

It's only been three days, and it's not the sort of situation that gets resolved over a pint and a pasty is it?
Anyway, it's t'intertube forum, not crown court.

 

[Spyroxxx]

Thanks for all your advice. I have now had my official first consultation meeting with the second booked for tomorrow.

I am definately being replaced by external companies. The managers supposedly want more control to buy their training from local providers. Due to this I am not sure whether TUPE would be in-effect?

On a more interesting note, I have been informed of internal discussions which has ultimately led to my redundancy. However, none of the senior managers I have spoken to are aware of the so called re-structure?

I have been offered 7 alternative positions, 6 of which are based 100 miles away from my home and the other is a salary drop of £8k. They are aware that I would not be interested in any of these positions, it definately feels like constructive dismissal.

I will definately be taking legal advice, thanks again.

 

[kodajo]

Hi,

The reason that your position is being contracted out to a new company is, I don't think, of any consequence as to whether you transfer or not. You will still transfer to the new company.

You should note that the new company taking over also has a legal obligation to consult you on the transfer, not just your current employer.

From your post it isn't clear who is offering you the alternative positions whether its the new company or the current employer but I imagine it is the existing employer? As I understand it, you automatically transfer to the new company so any offers that the existing employer makes are irrelevant as they are just like job offers from any other company.

If they are from the new company, it depends on your current contract of employment (which you new employer takes over) but it will be seen as unreasonable, in most circumstances, for you to be expected to travel over 100 miles to work, so would such a significant pay cut.

Probably the best thing to do would be to phone ACAS first of all.

What difficulty you will have here is that it sounds like you are dealing with your current employer whereas really you need to be having discussions with what will become your new employer as once you transfer, the old employer will have little do with anything and are not liable for anything to you if the new employer doesn't take you on.

The only obligation, as far as I understand, is that the current employer has a duty to inform and consult with you about the transfer, but that is it.

 

[arcon5]

Hi,

The reason that your position is being contracted out to a new company is, I don't think, of any consequence as to whether you transfer or not. You will still transfer to the new company.

You should note that the new company taking over also has a legal obligation to consult you on the transfer, not just your current employer.

From your post it isn't clear who is offering you the alternative positions whether its the new company or the current employer but I imagine it is the existing employer? As I understand it, you automatically transfer to the new company so any offers that the existing employer makes are irrelevant as they are just like job offers from any other company.

If they are from the new company, it depends on your current contract of employment (which you new employer takes over) but it will be seen as unreasonable, in most circumstances, for you to be expected to travel over 100 miles to work, so would such a significant pay cut.

Probably the best thing to do would be to phone ACAS first of all.

What difficulty you will have here is that it sounds like you are dealing with your current employer whereas really you need to be having discussions with what will become your new employer as once you transfer, the old employer will have little do with anything and are not liable for anything to you if the new employer doesn't take you on.

The only obligation, as far as I understand, is that the current employer has a duty to inform and consult with you about the transfer, but that is it.

Doesn't sound like op is being transferred. Seems like they are getting rid of op and instead using staff to perform the roles supplied by a different company

 

[kodajo]

But if the OP's role is contracted out to a new company, there is a service provision change and the OP's employment transfers across to the new company.

 

[arcon5]

But if the OP's role is contracted out to a new company, there is a service provision change and the OP's employment transfers across to the new company.

But it doesn't sound like they are doing that, but getting rid of op or offering a different job within the company

 

[kodajo]

I'm not sure I understand then. I thought that OPs work was no longer required by current employer because current employer is contracting the work out instead to a new company?