is this a redundancy situation

milothewestie

father works for a well known housing department earning approximately £20000 per annum,they have just sold out to another housing firm who have called a meeting today and announced this ----as of 1st january you will be working 40 hours this is about three hours more per week, and your salary will be cut by 4000 making net pay 16000 per annum,----can they just do this or can he say no in which a redundacy situation would be forced upon him----he is 62 now not much point looking elsewere for a new job

thx for any replies

zzzLazyDaisy

Was he working for a local authority or council, or housing association?

Is it that the work that his particular section was doing has now been transferred to the new company, or outsourced?

If that is a fair summary, then his contract is protected by TUPE, which basically means that his employment transfers to the new employer with all the terms and conditions intact. The employer is acting unlawfully if it then attempts to change the contract to increase hours and reduce wages and this is a change for a reason relating to the transfer (probably to bring the new employees into line with existing employees).

Is you father in a union? If so he should take this up with them. If not he needs to get legal advice. ACAS is a good starting point but he should ask to speak to a case worker rather than relying on what the call centre adviser says, as TUPE is a complicated area.

Whatever, this is not a redundancy situation as his job still exists.

milothewestie

yes you are correct his job is transferring to the new employer---tuped over,

what will his options be then just lump it and accept working more hours for this new employer,this is the wages this companys employees are receiving so yes brings them in line with them and there wages,

we thought a significant change in wages or hours was a redundancy situation,if was the same job,but the description of his job is changing as he was a old peoples warden on his own complex he will now only be a caretaker,he is in a union he was just worried wanted me to ask to give him some idea were he stands

sorry he works for xxxxxxxxxxxxxxxxxxxxxxx housing partnership a well known housing association

lucylucky

Has his old job , warden, ceased to exist with the new company?

milothewestie

yes he is now going to be a caretaker,warden job is finished,

thx for your replies

zzzLazyDaisy

milothewestie wrote: »

yes you are correct his job is transferring to the new employer---tuped over,

what will his options be then just lump it and accept working more hours for this new employer,this is the wages this companys employees are receiving so yes brings them in line with them and there wages,

This is unlawful. Under TUPE the new employer is required to honour his old terms and conditions of employment, unless there is a genuine organisational or technical reason for the change, such as genuine redundancy - in other words his job as warden no longer exists in the new structure (not just the job title)

we thought a significant change in wages or hours was a redundancy situation,if was the same job,but the description of his job is changing as he was a old peoples warden on his own complex he will now only be a caretaker,he is in a union he was just worried wanted me to ask to give him some idea were he stands

If his old job has genuinely ceased to exist - that is to say the work he did as a warden does not exist within the new company and the role of caretaker is a new position with different responsibilities (ie not just a change of job title) then this is a redundancy situation and the employer is required to follow certain procedures. He really should speak to his union as they have all the facts, whereas people on an internet forum can only give general info.

I suggest that you delete the name of the employer - this is a public forum and you never know who is reading....

milothewestie

the new employer has said they will honour the tupe for one month and then will reduce his wages in febuary were all his contract will cease and there conditions then apply(bloody scoundrels)

milothewestie

bit complex maybe but ill show him your advice and thanks