Redundancy/Tupe question

Stephb1986_2

Hi, I hope someone can point us in the right direction. I will start from the beginning so you get the whole picture.

My Dad worked for a large distribution company we will call them (A) 8 years ago, While he was working for company (A) He had an accident in work making him unable to drive the lorry (hgv) he had broken something in his leg. My mum runs her own business and needed my dad to drive our then bedford rascal van for 30 minutes in the evening as she doesn't drive and I didn't back then either. Whilst my dad was off work he was being followed by company (A) and filmed he was even filmed inside our house. He then resigned from company (A)

Now he works for another large distribution company we will call them (B) he's worked for company (B) since he left company (A) which is some 8 years. Now company (B) told him at the beginning of April that he was being made redundant from his job as company (B) had lost a big contract. A few days before the end of redundancy period was over (4 days) He was told he was no longer being made redundant and that he would be tupeing (sp) to company (A) as they now had the contract company (B) lost.

Last week he had a meeting with company (A) to discuss the tupe. As he walked in his old boss from company (A) was sat there and said to him "I don't know how you have the brass neck to even turn up" he has a big problem with my dad for some reason. There was also a HR lady from company (A) present my dad asked her to write this in the minutes she was taking and she said she was unable to.

Anyway the meeting continued and the HR lady asked my dad what skills he could bring to the company etc so my dad started listing the skills he can bring and his old boss kept interrupting my dad and saying "and he's a good ironer" this happened a few times. My dad just ignored him and carried on. He also said that he has in his personal possession a video of "us" from 8 years previous.

Our question is if my dad didn't want to tupe across to company (A) can he still go for the redundancy option? as his old boss is clearly going to make his life hell, my dad already has high blood pressure and he doesn't need this sort of stress in his life. Our other question is, is he allowed to keep a film/video of us from 8 years previous? and what can we do about it?

He is due to be transfered at the end of this week.

Many Thanks

Steph

jazzyman01

The job is still required so therefore it would TUPE, redundancy is the job not the person.

He resigned from the Company and usually files are destroyed after a period of 6 years.

The manager's problem with your dad probably stems from the incident where your dad could not drive for the Company and yet was seen/filmed driving. He should have gone through a disciplinary process in which he could have explained that the driving was 30 minutes - however it would appear to be that he resigned before any discussions took place.

jazzyman01

Sorry, sent before finished.

He can wait to transfer and see how things go. I would suggest that he keeps careful notes of all discussions with the manager in question - dated and in as much detail as possible. He can then raise a grievance - if behaviour unacceptable - and if that does not stop it he could try and leave and claim constructive dismissal. The latter is not easy to prove.

He could write to the head of HR stating what happened in the meeting and raise a grievance now. If nothing else it will be logged should anything else untoward take place.

Stephb1986_2

Jazzy, there was the choice of him either getting sacked or resigning so he resigned instead. It wasn't just driving he was doing with this company it was also installing big machinery too so really wouldn't of been able to do the job. This bloke is going to make his life hell could he not request to be made redundant instead? Or is he best just going and finding another job?

Many Thanks

Steph

SarEl

Honestly? He isn't going to get made redundant, and given the circumstances of his resignation then he has virtually invited the supposition that he was guilty. I am really sorry - but this is why we tell people never to resign - because by the time a company has begun an investigation things seriously cannot get any worse, so defending yourself is the best shot. Resigning whilst facing a disciplinary simply invites the conclusion that you are guilty. I wish that I could see a happy ending to this, but I cannot. The manager is going to keep your father under intense scruitiny because he believes that he is dishonest, and I have no doubt that other managers will also know this whole story by now and will be doing the same thing. To be utterly objective about this - and you aren't going to like this one bit, so sorry - I cannot entirely blame the manager. Yes, he bahaved poorly here, but your father was extremely unwise to be be signed off sick and doing any work for your mothers business, no matter what the reason. If you stop and think about it for one minute, put yourself in the employers shoes - if you were an employer and somebody you employed was off sick like this, you wouldn't expect them to apparently be working for their own business, would you? And I am afraid that we all know that some people do pull "sickies" - in fact I would lay bets that this company had a particular problem with it because few employers go around following staff off sick and taping them unless they have a reason to believe they need to.

I think it highly unlikely that this person still has the tape, and the staff records may or may not still exist, but you cannot wipe people's minds. Personally, right now new jobs are not that easy to come by, so I would suggest that he take the transfer and look for a new job whilst still in work. He can still put his old bosses down as references since they know his work. In the meantime, ignore the comments and get on with his work - if he shows that he is still a good employee, then there is a possibility that the whole thing will go away. After all, he has done nothing yet to correct the impression that he left behind when he resigned.

I know that possibly isn't what you wanted to hear, and he's your dad, so of course you are going to stand up for him. But you might support him better by taking something of a step back from him being your dad. His situation is not going to improve if he is out of work either, and it isn't quite a straight forward as you think it is. By all means encourage him to keep a record of any problems as and when they arise. But equally, recognise that for all the best reasons in the world he has controbuted to this himself in making some poor judgements, which he has not even attempted to put right. Even parents aren't perfect!

Stephb1986_2

At the end of the day if he didn't drive for my mum we would of been on the streets it's as simple as that, you can't tell me that driving a big hgv lorry is the same as driving a little bedford rascal van? Even installing the machinery he was expected to install. He isn't one for pulling a "sickie" he's a hard working bloke.

We've already found him a job with an agency driving for Royal Mail. We think he would be better there as if he does go working with the company he's being transfered to could and probably would give him a heart attack that is how unstable his blood pressure is. This bloke will always been there goading him, he is acting in a unprofessional manner really and if he's going to play antics like that maybe he should be back in the play ground pulling girls hair.

Thanks for your advice though

Steph