TUPE situation

Confused2012

Hi
I have not posted on a forum like this before however wondered if anyone could give me some advice. I am currently in a role with company A which is a role which is a support service for a particular site. The role involves working on separate contracts, one of which is in a TUPE situation whereby the roles are being taken back in house to company B. my role had been included in this as at the moment a larger % of my role is with this contract. I do however also carry out my role for other contracts. I wondered how my position stands as I will have to TUPE to company B where I will be made redundant as my role is already fulfilled in company B however the other parts of my role with company A will be unfulfilled as I am the only person in my particular role. After I have been TUPE'd over can company A then put someone into the role held ?
Sorry for the essay! Any advice would br gratefully received as I can find info on this situation under normal redundancy conditions but not in this situation
Many thanks

snowcat53

you are more likely to get replies if you put some more punctuation in, and try to be clearer.
Some of this makes no sense - eg "I will have to TUPE to company B where I will be made redundant". This is not allowed under TUPE.

marybelle01

snowcat53 wrote: »

you are more likely to get replies if you put some more punctuation in, and try to be clearer.
Some of this makes no sense - eg "I will have to TUPE to company B where I will be made redundant". This is not allowed under TUPE.

Yes it is. You cannot be made redundant because of the TUPE, but there's no reason why you can't be made redundant for another reason.

annie1975_2

My OH was tuped over,then made redundant.Given his 90 days within a month of being tuped over.

snowcat53

marybelle01 wrote: »

Yes it is. You cannot be made redundant because of the TUPE, but there's no reason why you can't be made redundant for another reason.

Only if the reason is unconnected with the transfer.

TUPE states that employees who are dismissed either before or after the transfer where the sole or main reason for the dismissal was:
- the transfer itself; or
- a reason connected with the transfer which is not an economic, technical or
organisational reason entailing changes in the workforce (“an ETO reason”)

will be found to have been automatically unfairly dismissed.

marybelle01

snowcat53 wrote: »

Only if the reason is unconnected with the transfer.

TUPE states that employees who are dismissed either before or after the transfer where the sole or main reason for the dismissal was:

- the transfer itself; or
- a reason connected with the transfer which is not an economic, technical or
organisational reason entailing changes in the workforce (“an ETO reason”)

will be found to have been automatically unfairly dismissed.

I am well aware of what the law says. But the OP's post does not say that it is connected with the transfer. Therefore the advice is misleading because redundancy is allowed under TUPE. It is not allowed because of TUPE, and that is a very different thing.

princessdon

Tupe ends the second of the transfer (unless a clause). If the job is there you have rights and can't be dealt with less favourably than current employees. If not there - you are treat the same as long standing employees.

So if it is YOUR job - you have the right to selection pool and ask relevant questions regardless of TUPE

mariefab

The fact that company B is taking the service of their contract back in house doesn't necessarily mean that TUPE applies to this situation.
There's a lot more to a service provision change under TUPE than that.
For example:
1. You say that your role is already fulfilled in company B.
Are the activities required to service company B's contract going to be carried out in the same way after it's taken back in house?
i.e. If you are the only company A employee who currently works on this contract, (a) is one employee going to do this work after it's taken back in house or (b) is the work going to be distributed between a few employees?
If (b) TUPE doesn't apply.
2. Were you employed to mainly service company B's contract?
The fact that you also work on other contracts too doesn't always put you out of scope of TUPE; but the mere fact that servicing company B's contract is part of your current role (even if it's the larger part) doesn't mean that TUPE applies.

Who has told you that you will transfer to company B?
Is it your current employer?

FWIW in my opinion this situation seems more likely to be that of a potential redundancy from company A, due to the reduction of work available for you due to the loss of company B's contract, than a TUPE situation

Jimbo_999

Hi,

Having been luckily avoided for a TUPE situation in the past I can offer this advice.

If over 50% of your work is Company B's work, you are well within the scope for TUPE.
Company B can immediately put you at risk of redundancy, it is not their choice who is TUPE'd over, that belongs to Company A and if A don't want your services, that is unlucky.

On the run up / risk of redundancy period / you will meet with company B who are obliged to "try" and find you a role, but if none exists you could well be made redundant on day 1 with company B.

This happened to a number of employees from my site, who were paid their 30days notice period to look for another job (at home) then had their redundancy pay on top of that.

Unfortunately it has nothing to do with whether company B require your services or not.

Sorry I could not be more positive.