TUPE rules

wolfie2222

We just feel that we could have been made redundant and IF we wanted a job with the new company we could apply if we wanted. Money is not an issue with my NOW employer as they are giving the new employer a million pounds to cover any redundancies,but can keep the million anyway if they dont want to make anyone redundant. The blokes are not being given the choice of weather to work for new employer,and thats the point.

Jarndyce

wolfie2222 wrote: »

No sorry. My business is still a BIG business,who are moving all our work from our warehouse to another one of our sites...In the meantime another company are going to be running my warehouse,but i dont know what kind of job i will be doing,or what hours,or what rate of pay.So my now company have not transferred the business,just transferred us to another employer.

I see, so your case is that it is only the building that has transferred and not the work?

If that is true, then yes you may well have a case for redundancy, if you think being made redundant is preferable to cintinuing to have ajob. It very much depends on the facts and whether or not the job you are offered is 'suitable' or not.

wolfie2222

Yes thats right.We are being told your contract will be with the new employer and then its up to them what they do with you.
Just seems a bit naughty to do it this way. If my wages,hours and terms and conditions are going to change to something i dont want,i might have to resign,or just put up with it.

Emmzi

as would be the case if you current employer wanted to change hours or introduced policies you didn't like. Nothing in the world is certain and forever unchanging.

SarEl

wolfie2222 wrote: »

We just feel that we could have been made redundant and IF we wanted a job with the new company we could apply if we wanted. .... The blokes are not being given the choice of weather to work for new employer,and thats the point.

You might feel that way - but the law says that the employer(s) cannot act that way! If you were made redundant and then offered your jobs back with the new company that is contrary to the law. Each and every one of you would have a claim for unfair dismissal. Even if you accepted the new jobs!

As Emmzi has observed, your terms and conditions can be changed at any time by your employer with relative ease - in fact the TUPE makes it a little harder to do this! So whilst your fears may be correct, you are in fact slightly better off for now with the TUPE than if you stayed with the current employer.

wolfie2222

Thanks everyone. I will keep you posted as things progress...