Outsourcing...help needed !

MEM62

Poppie1 wrote: »

No chance of TUPE as the positions are being moved to Scotland.

Irrelevant, TUPE would still apply if a case is made. Geography has nothing to do with it.

headpin

Poppie1 wrote: »

So, in that case, we should have been offered chance to TUPE over to new company BEFORE they went ahead and recruited full new team?
I'm keeping everything !

You do not get offered any choice. TUPE applies full stop. The new service provider is legally obliged to keep the staff that provide the service bring transferred (you can call it outsourcing, externalisation or whatever you want).

They should not be recruiting new staff to replace you when they take over the service. That is unlawful and you will succeed in a claim for unfair dismissal which will potentially give you a better payout than a redundancy payment.

Indeed you will not be made redundant as your job is not disappearing. There are a limited number of grounds for making people redundant and moving the business is not one if them.

I suggest you seek advice from your trade union if you are in one of otherwise an employment lawyer.

monochome_blue

Without knowing more details this seems very much like a case where TUPE would apply, and they have no choice about it.

Many employers (and the odd HR person) will just assume ignorance on behalf of the workforce and act in a way they know to be illegal - I have had this happen before. As Headpin says, get advice from a Union or the CAB.

p00hsticks

monochome_blue wrote: »

As Headpin says, get advice from a Union or the CAB.

ACAS would probably be better than CAB in these circumstances

Money_saving_maniac

You can be made redundant in this situation by the outsourcer under the economic, technical or organisational exemption. The situation for you is effectively the same as what would happen if your current employer upped sticks and moved 300 miles away and you didn't want to go.

If you want to relocate then you should be able to do so. The company does not have to offer relocation packages etc. unless they are in your contract. Basically TUPE provides for your contractual terms and length of service to be carried over unchanged to the new provider, as if you had always worked for them.

You do not need to be told once the new team are in training, the company needs to tell you as soon as reasonably practical which means there is no set timeline for consultation. Best practice is to let you know as soon as they have heads of agreement between them but I have never known that to happen. 4 weeks consultation period is more like it usually.

Be mindful that some HR try to avoid their obligations either through evil or ignorance. I had one dork try to say that his position was that my guys being TUPEd had left of their own accord seeing as they hadn't turned up to work 50 miles away on the Monday and there was a job for them! The team took them to tribunal ofc. In that case I think it was pure doziness.

I worked 15 years in outsourcing and TUPE was as common as a hot dinner. If they are a big outsourcer they will do it all the way it should be done as they are very familiar with it, if a small one you need to know your rights and ensure they are not infringed.