TUPE - Role Mapping

mathewllewellyn

Emmzi wrote: »

It is however acting within the law.

I'm not sure what you want here - there aren't any loopholes to exploited unless your job is one people are mapped to in the new organiastion and you aren't. That doesn't seem to be that case here. You get redundancy now or you get redundancy later or you get a permanent job - there are no other options. What is it that you WANT?

What does your union rep say?

But they have spent time mapping other roles? They have just not given themselves enough time to do all roles - so whilst they have spent some time mapping all the other roles, they have left IT until the last minute? Surely this is in some way discriminatory ?

mathewllewellyn

Emmzi wrote: »

You can have your freedom at a price - your redundancy.

You can stay for a potential few bucks later than may not transpire.

It's a gamble and the sooner you accapt that and get over "it's not fair" the faster you can make a decision.

You can ask for redundancy and see what they say.

But nothing they are doing is illegal, so it's stay or go, and either way is a punt.

Good luck with your decision!

I'm old now Emmzi and don't think that anything is fair in business. It's either legal or not. Thats all I am interested in.

I would like to see this going down a constructive dismissal route.

We have asked for redundancy, but they will not give it as they want us to stay and manage the applications? We have told them that we want to go now.

mathewllewellyn

jm2926 wrote: »

I've been Tupe'd twice. There's no requirement for them to do anything other than take you on, with (mostly) the same T&C's you had originally (and consult with you while doing so). Or make you redundant if the role is not required, and this part is done under redundancy legislation. Retention may be offered if the employer feels there is a risk to their business if employees leave and therefore wish to offer an incentive to remain until a certain date. They don't have to offer this and you are not being "discriminated" against.

As soon as you are employed by them you are under the same rules as other employees, and if no longer required then redundancy will apply.

Thanks
Do you know if post TUPE - that if our jobs map to other roles, but those roles are filled - that we will all be pooled - even those in the filled roles within the new company ? As I understand should happen under TUPE?

Emmzi

mathewllewellyn wrote: »

But they have spent time mapping other roles? They have just not given themselves enough time to do all roles - so whilst they have spent some time mapping all the other roles, they have left IT until the last minute? Surely this is in some way discriminatory ?

sure. but unless there is a clear illegal stance eg IT is where all the jewish people work, or the over 50s - it isn't illegal discrimination.

Emmzi

mathewllewellyn wrote: »

I would like to see this going down a constructive dismissal route.

We have asked for redundancy, but they will not give it as they want us to stay and manage the applications? We have told them that we want to go now.

constructive dismissal on what grounds? I don't think you have any.

"Feeling a bit put out", "everyone else got it" and "don't like the new boss" are not grounds. And as SarEl will tell you 3% of CD cases are won at ET, so not worth the stress.

Emmzi

mathewllewellyn wrote: »

Thanks
Do you know if post TUPE - that if our jobs map to other roles, but those roles are filled - that we will all be pooled - even those in the filled roles within the new company ? As I understand should happen under TUPE?

That's the bit it is worth arguing over, but you need to do it now before everyone is mapped over into jobs. Otherwise it falls under "things change" 6 months down the line.

Isn;t that only a factor if you want to stay though/ and you don;t want to?

You're looking for roles to be at least 50% similar to what you do now - there is no hard percentage in law, some companies use 70% for example - it has to be reasonable though.

mathewllewellyn

Emmzi wrote: »

sure. but unless there is a clear illegal stance eg IT is where all the jewish people work, or the over 50s - it isn't illegal discrimination.

We are all in the process of changing our religion or sexual orientation ... we can't make our minds up ...

mathewllewellyn

Emmzi wrote: »

That's the bit it is worth arguing over, but you need to do it now before everyone is mapped over into jobs. Otherwise it falls under "things change" 6 months down the line.

Isn;t that only a factor if you want to stay though/ and you don;t want to?

You're looking for roles to be at least 50% similar to what you do now - there is no hard percentage in law, some companies use 70% for example - it has to be reasonable though.

'They' are using a 60% rule and 'have mapped all other roles'.

The only roles that have not been mapped are the IT roles.

Emmzi

mathewllewellyn wrote: »

We are all in the process of changing our religion or sexual orientation ... we can't make our minds up ...

heh. sadly you would have had to do this and make management aware a few months ago. But do feel free to kneecap each other. that's less subjective.

Emmzi

mathewllewellyn wrote: »

'They' are using a 60% rule and 'have mapped all other roles'.

The only roles that have not been mapped are the IT roles.

Then what roles that are being filled now do you think are similar to IT roles? are there any?