TUPE / Redundancy experts - Help please

nottslass_2

Hi,

Can anyone offer any wisdom on the following situation.

OH is a contract manager for an Outsourced service company

The contract that he manages is to be amalgamated with another one (leaving only one manager )they are both to be TUPE'd over to a new provider at the end of April.

As I understand it because there will only be one managers job its a choice between him and the other manager.

Am I right to assume that they either a) make them both apply for the job or b) select one for redundancy ? .

Other members of staff will be selected by a scoring system - do they legally have to use the same method of selection for all roles for all employee's or can they use a combination of methods ie scoring or applying for own job.

There is rumour that they may have their own person in line for the managers job. Can they do this using the reasoning that the said contract is now bigger and their manager is more experienced etc ?

Emmzi

they can select for redundancy for each role/ group of roles as they like - either scoring or interview, etc

if neither person meetss the needs of the new role then yes they can lay both off

nottslass_2

Emmzi wrote: »

they can select for redundancy for each role/ group of roles as they like - either scoring or interview, etc

if neither person meetss the needs of the new role then yes they can lay both off

Thanks for the reply.

Technically speaking is not a "new role" it'll be the same job title and very similar job description - just more staff.

Emmzi

well, that is a new role - depends how many more staff and what the new staff do

also if that guy is also potentially out of work you may be saying there is a selection pool of 3, not 2?

nottslass_2

Emmzi wrote: »

well, that is a new role - depends how many more staff and what the new staff do

also if that guy is also potentially out of work you may be saying there is a selection pool of 3, not 2?

I suppose at the end of the day they can just tweek a job description slightly and then claim you are no longer suitable for the role.................

Emmzi

not really but the other guy may genuinely be more suitable. it isn't always because they are out to et you - sometimes someone else really does have more experience etc

Try not to worry until the position iss clearer, sounds like you are making up all kinds of bad options.

nottslass_2

Emmzi wrote: »

not really but the other guy may genuinely be more suitable. it isn't always because they are out to et you - sometimes someone else really does have more experience etc

Try not to worry until the position iss clearer, sounds like you are making up all kinds of bad options.

Surely the "person with more experience" still has to be at risk of redundancy from a similar role with in the same company ?

Emmzi

yes, maybe. It depends how they define the roles and do the scoring. I'd need all of the paperwork to give a proper view.

diable

nottslass wrote: »

Surely the "person with more experience" still has to be at risk of redundancy from a similar role with in the same company ?

I've been through this and they make their own rules up as they go along, within legal guidelines and the backing of HR, if they want to screw you over they will.

Emmzi

diable wrote: »

I've been through this and they make their own rules up as they go along, within legal guidelines and the backing of HR, if they want to screw you over they will.

In your case.

Your case =/= the universe.