being made redundant under tupe

Jarndyce

crash2011 wrote: »

i thought you could not make someone redundant if their job still exists?

Part of the definition of a redundancy is where "the requirements of the business (i) for employees to carry out work of a particular kind or (ii) for employees to carry out work of a particular kind in the place where the employee was employed by the employer, have ceased or diminshed or are expected to cease or diminish. " (S 139 (1) Employment Rights Act 1996)

So if they have a genuine reason for wanting to reorgnise the work in a particular way and that changes the nature of your job it means that your current job no longer exists. They are offering you an alternative which you clearly think is unsuitable and you may well be right, but that doesn't stop them making you redundant.

crash2011

spoke to a solicitor who specializes in employment law and he said what they are trying to do is not an eto reason .thanks for all the feedback

Jarndyce

crash2011 wrote: »

spoke to a solicitor who specializes in employment law and he said what they are trying to do is not an eto reason .thanks for all the feedback

Good luck with that then.

SarEl

crash2011 wrote: »

spoke to a solicitor who specializes in employment law and he said what they are trying to do is not an eto reason .thanks for all the feedback

I agree - are you paying him? Because I am a barrister specialising in employment law and I do not agree with his opinion. If you are paying him, or intend to pay him - get another opinion from someone who knows you won't pay them (like a no-win no fee) - because I would lay bets they wouldn't touch this as there is no prospect of them being paid.