no redundancy but offered unexpected compromise.

CorporalPesky

There didn't seem a lot of point in defending my role - you know what it's like when you get a new boss - out with the old and in with the new. the new guy thinks he is some sort of demi-god and that his master plan is all new ideas which they aren't of course - I have actually been told I need a senior manager with me to run meetings which I have been running for the past 5 years very successfully - it's nothing to do with insurance or liability or anything like that it's just that the people who have been given my role have qualifications, whereas my qualifications are from the School of Life and sadly that no longer seems to count for anything. The politics are all around being "respectful" to my "superiors" in a way which has never been expected before - although i have never been disrespectful to anyone I hasten to add - but it isn't as if it's the Army - I have been told off for disagreeing with a policy change after being asked for my comments!! It's easy to say go to work, take the money, go home, but a lot of people don't work for the money alone - satisfaction, self respect, pride in a job well done, all counts for a lot for many people - me included.

getmore4less

You an still do a good job, it will be different to the way you were doing things before.

Inability of staff to adapt is an issue for a lot of companies.

Sconnie55

Redundancy occurs when the work you do is expected to cease or diminish and so if your role is being removed as you describe then I would say it is redundant. It depends then what you want. Three years salary protection is a good one but depends how you feel and also how you might get used by your boss. Then you also have no control as to what might happen in the future. The compromise / settlement agreement is an interesting one. Why have they offered it to you? Have been in in dispute with them and have they made it on a without prejudice basis? If you decide to take it you have to get in dependant legal advice and they should pay for it, there should be a reference to it in the agreement. I would also press for it to be on the basis of compulsory redundancy as it affects how your payment is treated for tax reasons eg the first 30k is not subject to tax or NI. also it sounds like it affects you pension that will depend on the pension scheme rules. Just because they have offered x terms in the agreement you can approach an ask for it to be changed they don't have to but if if you don't ask you don't get.
Good luck

zaax

Once TUPED they can't change your terms, all they can do is either sack you or make you redundant. Of course there is always long term sick, or self employment. Its amassing how many plp want their houses painted etc.

UNION LAW provides a free chat with a solicitor, when you see him write down all your needs and wants (questions to ask him)

http://www.thompsonstradeunionlaw.co.uk/about-thompsons/benefits-of-union-membership.htm#what_are_trade_union_legal_services

Undervalued

zaax wrote: »

Once TUPED they can't change your terms.......

Oh yes they can.

When TUPED your terms and conditions remain unchanged at that point. However, once with you new employer they can be changed just as easily as for any other employee. People generally underestimate just how easy it if for an employer to make significant changes to an employee's T&C and for these to be found to be perfectly lawful if challenged.

getmore4less

Still no context for the Tupe they happen for a reason.

83CJB

Hi,

Has your union obtained legal advice from its in-house/panel solicitors? You may wish to ask your rep the question. Is your union recognised with the old employer and/or new employer? If so, was the union informed and consulted about the transfer and any potential changes? If nit, there may be a claim for a failure to inform and consult

the employer may rise a statutory defence to changing terms and conditions of employment, known as an ETO defence. This is an economic, technical or organisation reason.

xsinaftersinx

I'd talk to a solicitor who specialises in employment law, I had a Compromise Agreement when I was made redundant (due to them not being able to give me a full months notice as they wanted it all complete by the end of the financial year). My solicitor was amazing and managed to negotiate triple my original offer and all her fees were paid for by the company making me redundant.

Worth looking into.