please help!

maximochild

Okay, I am a student and currently work in a privately owned halls of residence.

The halls I work in were sold last year and I transferred over to the new company at the end of September.

Since then, my job role has changed (but not my contract of employment) and since then I have been pretty much doing the same job as the contract security do.

I have today been told that I'm being made redundant, to be replaced by contract security (as they can get a better contract price the more hours they need them).

The contract Security, are not licensed guards, in fact I believe they refer to themselves as 'building management', and I know that they haven't had a written contract since they started working for the company.

The core part of my job now, is being on-site in case of a fire or other incident. and it seems as though they are just switching me with a security guard.

One of the managers, suggested I speak to the guy who runs the security company and get my job back that way and previously other security guards have suggested I approach him if i need more hours, because clearly there is no difference between what I do and what they do, the only difference is that I am on a permanent employment contract and my job title is different and ultimately they need to have someone in the building at all times.

So if anyone can advise me on weather they are right to do this or where I can look for more infomation, or just anything.

It's come as quite a shock.

Cheers
Chris

CFC

They are clearly reorganising the way they operate so yes, they can do this

getmore4less

If your duties are moving that might mean that a TUPE transfer should apply.

CFC

I do not beleive a TUPE would apply in this particular situation, this is not an undertaking or business that is being taken over. From what was posted, this sounds as if it is more along the lines of secretaries in a business are being made redundant as the company are outsourcing their admin ie there is no 'part of a business or entity'

OP feel free to post more detail if you feel TUPE might possibly apply.

LittleVoice

CFC wrote: »

I do not beleive a TUPE would apply in this particular situation, this is not an undertaking or business that is being taken over. From what was posted, this sounds as if it is more along the lines of secretaries in a business are being made redundant as the company are outsourcing their admin ie there is no 'part of a business or entity'

OP feel free to post more detail if you feel TUPE might possibly apply.

looked like security guards to me

and it I think TUPE could be involved here - like cleaning and catering arrangements - but I have to say that TUPE isn't my strong point

getmore4less

The core part of my job now, is being on-site in case of a fire or other incident. and it seems as though they are just switching me with a security guard.

One of the managers, suggested I speak to the guy who runs the security company and get my job back that way

No idea if it would be TUPE but has some element that look like it should be investigated especialy if this would be a dettrimental change.

Are you getting any compensation?

If the security company pay better you may not want the TUPE transfer also they may have more work options for you.

CFC

Littlevoice, I was trying to use a purely office example to make the point a little more clear, rather than being blind as a bat

I do not think that TUPE would apply in this situation as from what was posted, this is not effectively a 'separate' undertaking in itself - however it's possible that this is not the correct view.

ACAS will be the OPs best option.

maximochild

Thanks for your help so far guys, I'll try and clarify some points that have been raised, and also update you on some new stuff I've found out.

Basically, official job descriptions aside, my duties since the new company took over are comparable to the current contract security staff. infact, it's a contract security guard that works the opposite shift pattern to me.

I've been told that my official job title is being made redundant, but has technically been redundant since I was TUPE'd across. I've found out today though that someone who works full time in a position similar to what I was doing before the transfer is not having her contract renewed as they are changing the position to a part time one, and they are advertising this job - which is really frustrating as I feel I could have been offered the job!

Additionally one of the night managers has tonight been told that he either needs to TUPE accross to the security company or leave, he's not happy about this because the security company that has the contract is a pretty dodgy 'cash in hand' operation, and he'd rarther be made redundant. Apparently the night manager asked about me when talking to manager and was told that my situation is 'different' to his so it would not be possible to TUPE me over to the security company.

My current accommodation contract ends at the end of next month, and i'm really worried about all of this!

getmore4less

If they are offering you redundancy and there is another potentialy suitable job then you should have been considered for it.

Make them aware you are interested.

maximochild

I sent a letter to my manager today stating that I should be considered for that role as opposed to being made redundant.

The way they've handled this is so stupid.

I was told Wednesday that I WAS being made redundant, and I know the contract with security was signed yesterday, but today i receive letters saying that there will be a consultation to decide if I will be made redundant which just seems really stupid.

Thanks for your help guys!

CFC

maximochild wrote: »

I've been told that my official job title is being made redundant, but has technically been redundant since I was TUPE'd across.
.....
. Apparently the night manager asked about me when talking to manager and was told that my situation is 'different' to his so it would not be possible to TUPE me over to the security company.

I'm very confused. Are you saying that you were, or were not TUPE'd?

ACAS would be your best place for advice.

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