TUPE - What are my rights

myteeduck

Hi

I have been employed by a company for just over six years. Yesterday th company went in to administration and a new owner has taken over and we have all been TUPE'd over. There is no other existing company that has taken over - a new one has been formed so we are all the employees - I don't have to worry about someone else taking my job.

However my department seems to have been forgotten about. Most of what we do is not relevant to them and I have a few people in my team who are scared for their jobs - me included. My boss was let go yesterday because he was self employed.

What are my rights if they decide to shut or minimise my department?
Do they have to offer us jobs in other departments or can they just make us redundant? I am so scared as its been a shock to the system and my team is scared. I refer people who ask to contact ACAS but I'm on a different contract to the rest of my team as I'm the only one from it who is office based - the rest are shop floor based with different terms.

Please can someone shed some light or do I need to ring ACAS myself? X

sangie595

myteeduck wrote: »

Hi

I have been employed by a company for just over six years. Yesterday th company went in to administration and a new owner has taken over and we have all been TUPE'd over. There is no other existing company that has taken over - a new one has been formed so we are all the employees - I don't have to worry about someone else taking my job.

However my department seems to have been forgotten about. Most of what we do is not relevant to them and I have a few people in my team who are scared for their jobs - me included. My boss was let go yesterday because he was self employed.

What are my rights if they decide to shut or minimise my department?
Do they have to offer us jobs in other departments or can they just make us redundant? I am so scared as its been a shock to the system and my team is scared. I refer people who ask to contact ACAS but I'm on a different contract to the rest of my team as I'm the only one from it who is office based - the rest are shop floor based with different terms.

Please can someone shed some light or do I need to ring ACAS myself? X

Nobody except the employer can tell you whether or not these fears are justified, but TUPE does not protect you from redundancy. You cannot be made redundant because of TUPE, but that doesn't really happen - but you can be made redundant for the usual reasons that your position / department is no longer needed.

If you are at risk of redundancy, then you must be consulted, and the employer should look to see if they have suitable alternative employment. But they are not required to keep you on if there isn't any.

I think it is possibly a bit early to expect the new employer to have thought of everything on the first day, so you shouldn't assume that they have forgotten about you, or don't need you. But equally, if you feel vulnerable, it is time to look for another job.

Andy_L

TUPE, in this situation, means that you have "just over 6 years" service with your new employer and still have any contractual rights to any better than statuatory redundancy package that your previous employer offered

p00hsticks

myteeduck wrote: »

Hi

What are my rights if they decide to shut or minimise my department?
Do they have to offer us jobs in other departments or can they just make us redundant?

Your rights are exactly the same as they were before the transfer. If your role no longer exisits they can make you redundant.

myteeduck

Thank you all for your replies.
At least I know where I stand now.

x

TBagpuss

If you think your role or department has been overlooked it might be worth considering how you can 'sell yourseves' to the new company - maybe put together a memo or other information setting out you role, how you support and benefit the business, what things you currently cover and what othe things you could also teak on if desired.

If they have overlooked you or see you as non-essential then highlighting for them what value you bring might be useful, and might also make it appear that you are thinking about, and invested in, the company's future success and profitibility.

in the mean time, and to consider a worst case scenario, make sure you have copies of y your original contract and any employees handbook, with particualr refernce to anything about additiona; redundancy rights, notice periods etc so you know where you stand if you are made redundant, and consider starting to look around to get a feel for what might be out there is the worst comes to the worst.