Forced to leave nightshift under TUPE - without an option for redundancy

getmore4less

It was more rhetorical no need to give details.

I think if the TUPE is valid then the old company can probably get away with washish their hands of the situation since the new company has to go through the process to make redundancies.


I would think that the HR! would not be releent to the part of the organisation that is being TUPEd

jazzyman01

Your current Company, or the new Company cannot ignore the requirements of the law of the land. If you have 8 years service then any redundancy payment must reflect this. You would be entitled to redundancy if you have no mobility clause in your contract and that there is nothing in your contract regarding the ability to move your shifts around. They could argue that it is a job of equal value in moving to day work but it would be up to you to argue that this is not the case.

If you do have a contract that allows you to move shifts then they must follow either 8 weeks notice or what you are contractually required, usually 1 month.

It is interesting that they are asking for people to apply for the day jobs and you suggest that there are insufficient. I suppose the reason for this is to try and suggest you have elected to leave the Company therefore no redundancy would apply. If they fill all the vacant posts it would be difficult for them to prove.

Without more info I dont think anyone can be more specific. Clearly there could be a case that the decision was made before the consultation which would make a mockery of the system. Potential to claim for the 90 days pay?

unholyangel

Try CAB, ACAS and call around local law practices and ask how much for an initial consultation - some will do the first one free.

Second, did you say you have been given nothing in writing? I would a) write to them immediately stating that you are not able to accept the proposed variations in contract and also request a copy of your amended contract as you have not been given this yet. Send it recorded delivery and keep a copy of the letter for your own records. If they havent notified you of the changes in writing then i suggest adding this into your letter as they are supposed to notify you within a month of any proposed variations. Even if your contract allows for changes, if they change something that is fundamental (ie pay, hours etc) and it is a unilateral one-sided variation, it can still be breach of contract. They can get round this by "dismissing" you from your old contract and offering to re-employ you on the new one but this may then open them up to unfair dismissal procedures.

Seriously though i would suggest a solicitor. After a month of my company stonewalling me when telling them they were breaking the law, one letter from a solicitor (saying nothing i havent already said in writing to them) seems to have them hopping.

I may have my fingers crossed for my own situation but i'll cross my toes for yours :rotfl: