TUPE - Unlawful?

Roobarb73

Yes I believe they can, so long as it is for an ETO reason entailing changes in the workforce. Complex area though, would consult your union for advice

Donedoingdebt

Similar situation with my firm TUPE ing our 14 Transport department jobs over to XXXXXX XXXX Wholesalers. There are no jobs for the transferees in XXXXXX XXXX

Our union, Unite are saying that as we 14 are being singled out for redundancy, then that is not legal.

However, if we were transferred & entered a pool of employees, including us 14 & current XXXXXX XXXX employees to be considered for redundancy, then this would be legal.

We are currently going down the route of negotiating compensation on top of the redundancy package for what is effectively unfair dismissal.

exil

Have been there!

A TUPE transfer took place and then a few months later 1/3 of us were made redundant. The new company called for volunteers and were trampled in the rush. However, the old (civil service) redundancy payments applied (this was about a month's pay per year's service). This happened in 1994 but I don't think things have changed since then. In effect, your terms and conditions should be the same as in your old job - though once you have your feet under the desk the employer, like any other employer, can make changes to these in the usual way.

The new employer, therefore, has to pay the costs of redundancies, whilst the old employer removes a lot of people from its headcount and it doesn't cost them anything.

diable

TUPE and all its safe guards is a load of bull as companies will use ETO as their excuse, luckily my previous company had generous terms and I ended up with about 36 weeks of wages.

One question to the people on here the reason I was made redundant was the ETO but there are still two people doing the work they said only needed was one person, is there anything I could do to make life awkward for them?

zzzLazyDaisy

diable wrote: »

One question to the people on here the reason I was made redundant was the ETO but there are still two people doing the work they said only needed was one person, is there anything I could do to make life awkward for them?

It is impossible to answer your question properly as we know nothing about the circumstances. But as a guide - if you are not happy about the way a redundancy was dealt with you can make a claim to a tribunal, provided you had at least 12 months service with the company. There is a strict 3 month time limit for doing so. If you have signed a compromise agreement you have signed away your legal right to go to a tribunal, but you would have had legal advice about this before signing.

Even if you go to a tribunal and win, compensation will be calculated according to your financial losses. Since you have already received 36 weeks' pay, you may have no losses, especially if you have found work in the meantime.

Sometimes you have to know when to put the past behind you and move on, but only you can know if that is the case here.

Does this answer your question?