Being TUPE'd but employer wants everything off the record

spiritus wrote: »

I am in the middle of a messy situation at work where my current employer has informed everyone at one of the satellite sites that the employees are being TUPE'd over to a new business with the exception of myself as the new business no longer feel my role is necessary.

However, my current employer are falling backwards over themselves to avoid putting anything in writing to me (or to anyone else for that matter).

I have been offered the opportunity to work at another site but if I decide that the travel is too much then I am told I will be made redundant by the existing company (rather than the new business).

Whenever I have emailed questions then they are replied to verbally.

I understand that if less than 20 people are being made redundant then no consultation is necessary but am I being unreasonable in expecting something in writing being presented to me if only so it is clearer for me to understand what my options are ??

Last year we lost a contract that resulted in 2 employees being TUPEd over .We had to do the whole consultation process , putting every thing in writing . If its proved that your role is part of the transfer of the business then you will automatically transfer over, it will be up to the new employer to go through the redundancy proceedure You can of course refuse to move over.
We also had to actively engage with the new employer,
You need to get legal advice

spiritus wrote: »

In this situation there is a clear reluctance from the employer in putting ANYTHING in writing. Even the announcement and subsequent one on ones were declared "off the record".

What could the reason be for that ?

On reason could be whoever is making the announcements and/or giving you verbal replies is unsure that are following due process correctly and so do not want to be held accountable for their decisions.

I have a couple of suggestions that may or may not help:

1. When you have been given a verbal reply, email them with a summary of your question and their answer - asking for acknowledgement (which you probably wont get).

Print out and keep copies of these emails (or bcc your personal email address)

2. When you are given verbal replies or information, take immediate notes of what was said and by whom. Sign and date the document yourself. Ask the person making the announcement to counter sign your document. When they refuse, you re-sign saying "x refused to sign"

In a court / tribunal scenario (if it ever gets to that stage), these notes that you have made carry some useful weight, to support whatever argument you may be making.

As Sangie says it's a bit pointless speculating.

But if I were a betting man I would put money on the two sides currently arguing over whether TUPE applies to you or not.

The new company won't want to pay your redundancy with nine years service and neither will the current one. So they don't want to commit, but do want to explore options with you.

By the sounds of it they can't actually rely on it being 'off the record', so that's a bit daft. I agree with the advice of reply with an email and see what they come back with.

I'm just guessing because it's interesting. You should probably seek proper advice in this case because it's too involved for the general advice you'll get here.