TUPE/Administration

Mrs_Optimist

My husband was TUPE'd recently to continue on same job, just different employers. This was beginning of this month. The job he is supposed to continue working on has been put on hold indefinately (it has never even started with new employers). There is a very real risk that the Company who won the tender, because of an unrealistically low budget, could face Bankruptcy.

Is there are legal comeback on either his ex-employers for not consulting with the workers prior to the TUPE or the new employers who took on the job knowing full well they had no funds in which to actually do the job?

As it stands 16 men who were working quite happily last month now face being out of work next month because of the TUPE. If the company is made bankrupt, can the workers kiss goodbye to any redundancy payments? Would they be last in the pecking order of creditors?


Any advice received is most welcome.

diddlydum

I would strongly recommend that you seek specialist legal advice, as this is actually a very complicated set of circumstances.

TUPE applies where the job is transferred from one business to another one. If that business goes bust before the transfer takes place, or if the employee never actually starts work, it is unclear as to whether TUPE actually ever kicks in. There should be consultation before TUPE and any dismissal related to the transfer is automatically unfair.

The claim may actually be against the old employer if TUPE hasn't kicked in, and a claim would be made to the Employment Tribunal.

There is a strict time limit of three months to bring a claim to the Tribunal so I would recommend you seek advice now.

I'd recommend that you contact Community Legal Advice, a free Government-run telephone advice line, on 0845 345 4345 to seek advice today. Alternatively you could call ACAS on 08457 47 47 47, but they are more restricted in what they can do.

Mrs_Optimist

Just called the Community Legal Advice who couldn't help because we do not qualify for free legal cover. Will try ACAS next. Thanks for the pointers.

diddlydum

Sorry to hear that, there is a means-test as CLA is paid for through the legal aid budget. The same rules apply at the CAB for any specialist advice, unfortunately.

Best of luck!

Mrs_Optimist

ACAS have been more helpful but could not provide legal advice. TUPE has taken place, but DH has not started work on the job he was TUPE'd to work on and has been on a different job unrelated to the TUPE, supposedly whilst new employers were preparing for the job to commence. They have now said that the job is on hold indefinately, meaning that DH will not be working on this job in the near future (or at all) hope this clarifies things.

diddlydum

The only other thing I can think of is contact a local solicitor for some advice. Many will provide 15-20 minutes advice for a discussion of the case, to decide what it might be worth doing. It's a shame that you're not eligible for legal aid.

The only positive is that if he is made redundant, the three months should run from then. If your income is lower then you might get legal aid.

I have a basic understanding of employment law but my knowledge isn't good enough to really advise more. I looked this up on AdviserNet (the CAB's information system) just now and it says 'seek specialist advice'.

SarEl

You must not contact a solicitor. Your other thread says that you husband is in a union. If you contact a solcitor then he will loose all rights to union representation (which is free). You need to go to the union.

The original employer was a local authority. In these circumstances they generally take their work and employees in house, at least until another tender process can be completed. This is what the union will be arguing for. Which leaves your OH in a potentially much better psoition than the other employees of the company.

Seek union advice.

Mrs_Optimist

Firstly thanks for all replies, they are most welcome.

I started a thread on this board because there is now a threat of redundancy and there wasn't when I originally posted on the employment board. I hope this will explain and reassure people that I am not trying to waste anyone's time with duplicate threads. I appreciate all replies.

DH was not a member of a Union but some of the other guys were. He was taking feedback from the Union via work colleagues. Union states that TUPE regulations 11 and 13 have been breached. DH is now in process of joining union but that may be a waste of time anyway if firm goes bankrupt.

Local Authority are the client not the employer. They want someone to do the work, old firm lost tender hence TUPE to current firm. Current firm have not ever started on this job and looks like they won't be either whichmeans DH is possible not protected if the job is handed back to the Local Authority to retender it. I hope this makes sense when reading.

SarEl

OL yes, it makes sense. Sorry but I misunderstood your other posts and thought this was a LA service that had been tendered out. And yes, people often join the union too late - well I suppose if nothing else he has done it now. Make sure he stays in it!

Mrs_Optimist

Well all the guys who were TUPE'd have a Health & Safety course today, arranged by the firm (yes really!), so DH has had strict instructions from me to speak to all the others to see what they have been doing for the past month, as they have all been split up and working on various contracts. Some have already put in grievances. I have also asked him to speak to the Supervisor supposedly overseeing the TUPE and managing the "job" that hasn't started, as he wants some answers and hopefully he may find out more today.

Will have to wait and see, but very stressful at home at present, for obvious reasons.

Plasterman

HI,i am in the same prodicument I worked for connaughts for blackpool housing(council),they went into administration so lovells bought the contract,not seen them or heard from them since or before the tupe (3 weeks),i know they dont have the contract as it has been shared out to the over two partners who was doing the same work.im a bit worried now after reading some off the messages on hear,that i need to act quickly. can they keep passing us to differnt companys (connaughts,KPMG administratorsand lovells) so the time limit ticks down.Ive not had any consultation with any one of them not even a phone call.its been 3 weeks and ive just got 3 days pay from who i dont no.stumped now dont no what to do ,im not in a union but i am in the procces of setting up a meeting with a lawyer,if you can ad some advice i would b very greatfull.cheers tony