TUPE & Redundancy

bredmaker

Hello, this is my first post and i hope a few of you could help me with some advice or past experiences.

The situation is.......

• 15 people are getting transfered under TUPE to a new organisation.
• I have been in my current post for 6 years and the longest serving employee.
• I currently have a full time and permanant contract.
• I am not a member of any union.

What they offer......

• A part time contract 0.6 fte (3 days a week).
• fixed term contract of 12 months.
• they say there would be no redundancy money at the end of the fixed term. (if there should be redundancy would this be 7 years of the new part time wages or would it be 6 years full time and 1 year part time money?)

Since its so far away from the T&C's i currently have, they say i have the choice of looking at redundacy instead.

So i was wondering where i stand. I know they can make tweeks to the T&C's but surely they can't !!!!!!!ise my T&C's like this?

Is it right to change someones T&C's to almost force them into redundancy to look for new employment as i could not live off 0.6 fte. Since it's nothing like my current T&C's could i be in line for any compensation of such a loss?

Should i seek legal advice? ( i know i cant do anything leagaly untill the TUPE takes place (1st Feb)

Thanks for reading and sorry its a bit of a ramble!!:(

jazzyman01

I would be asking why they can offer .6 fte but the full time job as a 12 month temporary cover. Are both the jobs the same?? Of the 15 jobs that moved, is yours unique? If not, what have the others been offered? Are any of the staff in the existing company to which you have been transferred doing the same job as you do? If so, what is happening to them?

Without more information the help is going to be a little sketchy.

Check your home insurance, this may cover you for employment legal advice.

bredmaker

Both jobs are really similar so the new possition offered is almost the same as what i do now. This is unique to everyone else that is being transferred.

Im not sure if there is anyone in the English department of the office doing the same job but i know that i will be the only one doing the job in the new Scottish arm of the organisation.

Thanks for the home insurance tip. I will check that tonight.

getmore4less

Redundancy should apply(unless there are different rules for scotland) as you TUPE with your existing T&C and service intact.

Remind them of this.

is there two jobs going or just one partime fixed term contract.

THe fixed term is just advanced notice of a future termination and still needs redundancy paying with full service.

If you accepted an alternative the cuurent pay would be the base for any redundancy but if they only give statutory this is capped at £380(£400 from 1 February 2011) so you may still be over anyway(depends on the pay).

You are also on 6 weeks notice minimum.


Why are they saying the job no longer exists in its current form.
If the actual function you perform is not being handed over then question the TUPE with your cuurent employer.

You can start doing things now if under notice and consultation of a TUPE