Tupe/Outsourcing query

bubbly_gal

Hi, This is my first post and I am hoping someone can help. I have been off sick for a few months, and during this time, the role i was doing was understandably allocated to someone else. I am now due to return and i have been told that i will be doing duties which will align me to a workstream that i have never worked in before , this workstream is in the process of being outsourced (from the public sector to the private sector) . Can my employer put me forward for TUPE transfer when i have not done the job before? I know that i would need to have at least 50% of my work aligned to be in scope, however they are moving my duties to make me in scope because i have been off ill. Please advise. Regards Irene:(

SarEl

Provided that this falls within the scope of your job, whether you have worked on this paryicular area or not before, then they can allocate different duties. If those duties then put you in scope for TUPE - it is the job that is in scope and therefore you have no alternative.

bubbly_gal

Thanks, i feel that it doesnt, I'm a Project Manager, managing procurement projects, the benefits realisation manager has been moved on to other duties, so ive been given his duties, obviously they want to retain him and align me to his role as that is getting outsourced, this is because i am awaiting two knee replacements at a young age and they know i could be off work again recovering from ops. I just received the letter today detailing this as the union was pressing them about what id be doing when i return to work on monday. I just dont want to end up in a vulnerable situation whereas i get transferred to the private sector in a role ive only done for a few weeks, the transfer is due to take place in November.

SarEl

Isn't benefits realisation part of project management? But what you are saying is speculation - you cannot prove they want to retain him and get rid of you because of your sickness record, even if it is true. They might equally argue that the project he is currently working on requires continuity and you haven't been there to provide that. But if you are in a union then they are the source of advice on this matter. That is what they are there for.