Urgent help please, redundancy, TUPE / outsourcing.

mattymoo

Hoping for some much needed advice on this.

Employed as a surveyor covering entire UK for a financial services firm. Joined 2008, 45 years old next month.

Independent firms doing this type of work typically charge £650 per survey. At that rate it made sense to employ me. A national firm has now offered to do them for £350 a pop and my firm wish to make me redundant and go with this firm instead.

I have 5 days to come up with counter proposals, i.e. why they should continue to employ me. I could take a pay cut (around 20%), accept the statutory redundancy package (but with uncapped wage) or can I fight this.

I see it that my job is being outsourced to another firm in UK so why doesn't TUPE apply? I suspect my employer will use a few external providers (a panel) with some charging the higher rate but majority of work will go to the national that is offering to do it at 350 a pop.

If I did transfer to the national, my job would go from being UK wide to regional coverage. Would that change take away TUPE protection?

Already started looking for another job but really would like to know where I stand.

Thanks.

mattymoo

Can anyone help at all?

gb12345

mattymoo wrote: »

Hoping for some much needed advice on this.

Employed as a surveyor covering entire UK for a financial services firm. Joined 2008, 45 years old next month.

Independent firms doing this type of work typically charge £650 per survey. At that rate it made sense to employ me. A national firm has now offered to do them for £350 a pop and my firm wish to make me redundant and go with this firm instead.

I have 5 days to come up with counter proposals, i.e. why they should continue to employ me. I could take a pay cut (around 20%), accept the statutory redundancy package (but with uncapped wage) or can I fight this.

I see it that my job is being outsourced to another firm in UK so why doesn't TUPE apply? I suspect my employer will use a few external providers (a panel) with some charging the higher rate but majority of work will go to the national that is offering to do it at 350 a pop.

If I did transfer to the national, my job would go from being UK wide to regional coverage. Would that change take away TUPE protection?

Already started looking for another job but really would like to know where I stand.

Thanks.

TUPE doesn't apply because it would appear that your job is being outsourced, rather than the business being transferred.

Have they told you you can be transferred or have they just told you that the other company might employ you?

mattymoo

Thanks GB12345 - kind of makes sense now. In answer to your question I'm just being offered redundancy unless I come up with counter proposals. At the moment all I have to offer is a big pay cut but some of the job queries l've made are showing promise.

GoGetGirl

Mattymoo, I believe TUPE will apply here under the Service Provision clause. This basically says that if the work goes elsewhere you should travel with it. Although this clause is being reviewed it still stands at the moment. You should go back and tell them that you believe you should transfer to the new service provider.

Pricivius

I agree with GoGetGirl - ask why TUPE does not apply.

I work in house in a role that is often outsourced. If i was trying to make a case for keeping me, i would stress the benefits I bring that a faceless company cannot, such as:

- guaranteed quality of work as you always get me so no variation.
- I know the company, the way it works, what's most important, who does what, who to ask, etc...
- I am there 9 to 5.30 whenever they need me and they can insist on speaking to me personally if they have questions or queries.
- no hidden extras as I do the whole job from start to finish and queries are not charged extra.
- I care about the company as it matters to me as an employee so I have a personal interest.

Is it possible to build yourself a new role overseeing the outsourced company, being a contact between them and the company to answer technical queries and bridge the gap, whilst still doing the job as well? Just a thought...

mattymoo

Thanks Pricivius - just the kind of stuff I need.
Gogetgirl - even more confused now but it seems like TUPE is a minefield.

gb12345

I'm not convinced that the SPC would apply in this situation. Is the OP an "organised grouping of employees"?

getmore4less

Could you set up on your own?