being made redundant & job being outsourced

carslet

I am just asking this on behalf of a friend.

Basically, the company he works for is making all their delivery drivers redundant. and are outsourcing the work to a delivery company, none of the drivers are being offered jobs with the other delivery company and the outsourced company will be doing the exact same job as the people being made redundant.

the reason is so the company can save money using the other delivery company

hope this makes sense just wanted to ask anyone if they thought the drivers had any case to appeal

50Twuncle

carslet wrote: »

I am just asking this on behalf of a friend.

Basically, the company he works for is making all their delivery drivers redundant. and are outsourcing the work to a delivery company, none of the drivers are being offered jobs with the other delivery company and the outsourced company will be doing the exact same job as the people being made redundant.

the reason is so the company can save money using the other delivery company

hope this makes sense just wanted to ask anyone if they thought the drivers had any case to appeal

How many staff does this affect ?

https://www.gov.uk/staff-redundant/overview
specifically "For a redundancy to be genuine, you must demonstrate that the employee’s job will no longer exist." - which, clearly it does.......
Have they been in touch with ACAS ?
It could be looking at an employment tribunal

Takeaway_Addict

50Twuncle wrote: »

How many staff does this affect ?

https://www.gov.uk/staff-redundant/overview
specifically "For a redundancy to be genuine, you must demonstrate that the employee’s job will no longer exist." - which, clearly it does.......
Have they been in touch with ACAS ?
It could be looking at an employment tribunal

The job isn't going to exist under its current terms and out sourcing is legal to do. However, the question really is whether TUPE might apply but if the delivery company are not adding to their staff then its unlikely.

carslet

50Twuncle wrote: »

How many staff does this affect ?

https://www.gov.uk/staff-redundant/overview
specifically "For a redundancy to be genuine, you must demonstrate that the employee’s job will no longer exist." - which, clearly it does.......
Have they been in touch with ACAS ?
It could be looking at an employment tribunal

about 20 I think maybe 25

carslet

Takeaway_Addict wrote: »

The job isn't going to exist under its current terms and out sourcing is legal to do. However, the question really is whether TUPE might apply but if the delivery company are not adding to their staff then its unlikely.

So really there is nothing they can do even though the new company will be doing the exact same role

Takeaway_Addict

carslet wrote: »

So really there is nothing they can do even though the new company will be doing the exact same role

One of you lot must be a union member, get together and start asking questions because if they are going to need more drivers then TUPE may apply.

Get informed and ask questions. See if you can find out what savings the company will make, can you make these maintaining a smaller workforce etc?

getmore4less

The new company needing more drivers is not relevent to TUPE.
If TUPE applies and the new company inherits staff so they have to many they need to make the redundancies.

Takeaway_Addict

getmore4less wrote: »

The new company needing more drivers is not relevent to TUPE.
If TUPE applies and the new company inherits staff so they have to many they need to make the redundancies.

Ah my apologies, I thought the current company would make the redundancies

getmore4less

Make sure both companies know they will be included in an ET case asthe contract may not have taken into account TUPE.