Redudancy?? please help

Emmzi

your husband needs to speak to a union rep or an employment lawyer, check if you have legal cover on your house insurance.

It sounds like TUPE to me. Other company wins contrcat? check Current company loses contract? check. Totally different contract? I bet it isn't.

It is EITHER tupe OR redundancy. Husband getting a new job does not negate the need to pay redundancy.

SarEl

Emmzi wrote: »

Husband getting a new job does not negate the need to pay redundancy.

It does if he leaves before he is made redundant!

But otherwise I agree entirely!

angelcake

Emmzi wrote: »

It sounds like TUPE to me. Other company wins contrcat? check Current company loses contract? check. Totally different contract? I bet it isn't.

QUOTE]

I am sorry if I am not making it clear its confusing for me

the contract was for one job... contract was taken away... terminated and now gone... a new contract with the one job has been created and now has 82,000 properties which includes this previous client and the contract called a new name .. so new contract...

nothing stinks about it, apart from his boss not telling him 4 months ago what had been going on.

It is redundancy through and through, his boss is basically pushing him into this other job so he gets without paying redundancy as it would be oh leaving. He will not put it in writing he is making him redundant.

SarEl

Ok. have it your own way. Obviously 30+ years as an employment law barrister has taught me nothing at all about employment law. I'm out.

angelcake

I am not sure what you mean? I am not having my own way at all! I have a poorly child, I am here on my own with 3 kids trying to make head or tail of what his rights are and whats going on... I am just trying to understand and trying to explain everything the best I can I am a complete novice at anything like this and this is always the first port of call

He has been told by his boss TUPE is not ... jeez I give up myself !! seriously not getting any clearer

All I was doing was reiterating what I was told not everyone can understand all the legal side of things

will get him to call the solictors

angelcake

see can't even spell right :$ .. so close to tears again right now!!

Emmzi

If he is doing the same work, but for a different employer, it IS TUPE, whatever his skinflint boss says.

He has options

1. hold out for redundancy. Possibly lodge ET due to not being offered chance to TUPE afterwards. Clock is ticking on that one.
2. Go to new employer not under TUPE and lose all the rights he has acquired over whatever period of time he's been working there - so can be dismissed for no reason in first year, etc
3. Take legal advice now, see if he can transfer properly with employment rights.

i would go for a) money or b) protected employment rights. If he just moves, he gets neither.

Emmzi

PS His BOSS does not decide if it is TUPE or not. The law does. That is why you should speak to a lawyer. Employers are woefully ignorant on TUPE as it is a very specialist area of the law!

angelcake

Thank you emmzi

must have been idiot terms I needed that makes perfect sense. I don't know why I misunderstand these things.. maybe with some sleep and clearer head I would be able to take it all in.

Thanks again..

Sambucus_Nigra

They can end a contract called 'strawberries' and call it 'raspberries' but if the work is still 'smoothies' then the contract staff are 'tupe'd over to the new contract; as it's the same work.

No matter what the boss says!

That's what people are trying to explain.

He needs a lawyer, and fast!