Advice please

lil'H

Hi all,

Need to email my bosses regarding my current situation but wanted to see if anyone could tell me where I stand so that I have a better understanding when I email them.

I was employed a few years ago on an annual contract, that was then renewed each year. I have now been there for 3 years, so have same redundancy rights as someone on a permanent contract. i.e will get three weeks redundancy pay.

I work for a partnership (am employed by the partnership management). My post is going, as is the whole team due to cutbacks. However there are 24 membership bodies within the partnership and a few of them are planning to club together to take on my contract. The partnership I work for now are effectively trying to manage and organise this as a redeployment.

Soooo my main quesiton is around my redundancy. The new contracts will be held by a different place, and on a tempoprary annual contract again. Which of the following scenarios apply? (or is it something entirely different)

a) I will get my 3 weeks redundancy pay, and start the new contract with no redundancy protection as it's a temp contract

b) Redundancy money will be transferred over and I will keep that secutity, ie if my new post only lasts a year I will get 4 weeks redundancy pay

c) I will get no pay, and start new contract afresh therefore have no redundancy protection on temp contract until after two years.



Any suggestions what else I should be clarifying with my bosses?

Thanks in advance!

getmore4less

TUPE ( do a search)

thats what come to mind this is the sort of thing that would be covered.

lil'H

getmore4less wrote: »

TUPE ( do a search)

thats what come to mind this is the sort of thing that would be covered.

Thanks, just run a search and one of the cluases whereby TUPE does not apply is
"transfers of a contract to provide goods or services where this does not involve the transfer of a business or part of a business"

HOWEVER also found a site that indicated TUPE may apply if not legally, in principle.

So still confused, will search some more.

I should mention I work in the public sector, it is me as a service that is effectively being transferred as opposed to any business. The new contract holders are likely to partially alter the job description, terms, base potentially hours etc.

Lil'H

getmore4less

Well as I see it I think they probably have two options.

TUPE transfer with existing T&C's
(looks like the business unit that is you is being transfered)

Make you redundant then you can decide if you want the new job.

I don't think they can just say you are now working for us and by the way here are the new terms.


Check with ACAS and see if you have legal cover on your home insurance.