Help! Notice Of Redundancy 10mths After TUPE To LA. Accept Different Role?

strawberries1

Hi all,

I tuped to an LA in April 2010 and have received a redundancy termination letter today. Consultation meeting was 18.11.10, consultation outcome 6.01.11. Letter says I'll be made redundant on 31.03.11, no suitable vacancies at the mo.

However, there is a role I'd applied for in the same LA and will be interviewed next week. I dont mind taking it on some conditions. 1, my current salary is maintained which is 100quid more than the high end of this one. 2, I keep my tupe condition of 1month per yr for redundancy and not one week (this is because the department where the new role is usually undergoes restructuring every year about August and with the cuts and all they will do that again this year. I dont want to take the role only to be made redundant in aug with 2wks pay instead of 2months). This role is different to my job but I'm currently working with the team as the work of my role has dried up cos of govt directives to transfer responsibillities to a quango (transfer back failed) and I dont want to simply go to work and do nothing. Can I negotiate this?

The letter says it gives me 4 weeks notice of the termination of my emp btw now and 31.03.11 and my emp will terminate on 31.03.11. If I take emp in the Public sector within 4 weeks of my last day of service I'll loose the red pay. I've written to HR thrice on this matter but no response. The lady told me earlier verbally that it wount be taken against me as I found the role myself so I applied for the role. But it seems whether i found the role myself or not as long as its a Public Sec role taken within 4weeks of termination I'll loose my RP.

I worry that if I get the role I'll be put on the 1week for a yr RP and then be made redundant later in the year or next yr and if I refuse the role when it's confirmed that I'll be on the 1wk per year RP I'll be deemed to have made myself unemployed.

I'll appreciate your help and please where can I go for free legal advice? I dont think I have home ins as I rent.

Thank you inadvance for sharing your knowledge.

jazzyman01

IF you have found another job then it is likely that you will have to take that job as it is. If the new job is significantly different to that which you currently work then you may find that you can trial the job for a period of time and still elect to take redundancy.

You will be given a new contract for the new post and it is not likely to give you the redundancy benefits of the old role as that role disappeared and was the one protected by TUPE.

strawberries1

Thanks. If I decide to trial it will my redundancy terms ve changed at that time? ie will I be made redundant on my tupe terms if it's during the 1 month trial period or will it be the new role redundancy terms?

jazzyman01

It should be on your current terms. However, I would ensure that you get anything confirmed in writing showing that it is a trial and what redundancy payments will be made should the trial be deemed unsuccessful on either party. Also ensure that you have it clear what notice you need to give if you do not wish to continue in the new role.

strawberries1

Thank you.

strawberries1

Hi all, an update to my openning post.

I'll be most grateful to receive more redundancy info.

As stated above, I'm under a 4 week redundancy notice ending 31st of March 2011.

I applied for a totally different role, junior grade, less pay, different dept but with the same employer and learnt on Friday I was successful at interview and will be offered the role but they're still deliberating at what amount. (The maximum amount is less than my current wage).

I TUPEd to this organisation in April 2010 and my current redundancy terms are at one month for one year and I currently have 2 years and 3 months (will be 2yrs and 6months at the time of redundancy/ end of emp). My current employer says the calculation will be completed years. Is that right? My current tupe terms are under cscs. I thought it will include pro rated year too.

2, If I accept the new role it will mean detrimental changes to my current employment terms and conditions ie maternity leave, annual leave etc and also because there is a real risk of future redundancies and this will mean at the lesser rate of 1 week per year.
How can I ask that this new role be a new employment so I can get my red pay? Could I ask to start in 6weeks and try to get immediate redundancy for my current department?
Though my redundancy pay under cscs is not a lot it's much better than the one I'll be transferred to and I really need the money. I'm enrolling for a program that will cost me a couple of thousands of pounds and the money will help towards that.

Thanks.

jazzyman01

Yes, any redundancy calculation is based on completed years' service.

If you accept another role in the same company then you can ask to trial it - as mentioned earlier. It is highly unlikely that you can accept the new role and get redundancy as that is the reason for taking a new role - to prevent redundancy.