TUPE process

Leothecat

Hi, I'm hoping for some guidance please.

I work for a small UK company that was taken over by a huge US company around 2 years ago. At this time the US company also took over a number of other companies in Europe and the US.

In September last year we were informed that the department I work in would be moving to one of the European companies and as such all of the department would be made redundant. Even though we are a small company and the number of redundancies would be a maximum of 8 people, they chose to use TUPE. At this time we were told that they expected the move to happen by 1st Jan 2016. This did not happen.

Roll on almost a year. A number of the 8 people have found new jobs either externally or within the company and 1 has been made redundant. That leaves 3 of us.

During this time, it has become apparent that the department move is not as simple as at first thought. What needs to be done there is causing great difficulties between suppliers, customers and the actual work that needs to be carried out.

Back when the decision was announced we were informed that we would be kept informed of progression and dates throughout the process. In fact, no one really knows when the transfer will take place and all we get is maybe this date but no one really knows. What we have been told verbally is that they ‘hope’ it will be the end of the year.

This week we have been informed of another set back with the European company which throws doubt again over the dates. It is now possible that our department will remain until the end of March 2017 and with my months notice that would take me to the end of April 2017.

Now to the crux of my problem.

I have been offered a maternity role in a different department. This would last until end of July 2017.
It is in a department I have previously worked and to be honest I’m not that keen on the idea although it secures me a role until that time and I would carry it out with professionalism and to the best of my ability if I were to take it.

I LOVE my current role and the company I work for and there is no way I would consider leaving any time soon if my role were to continue.

The company has asked me to step out of the TUPE process and take the temporary maternity role. They have confirmed in writing that should there be no other role available to me at the end of the temporary role, they will honour my redundancy from the role I am currently in. This sounds fair, however this is coming from my UK employer and not the US parent company that owns us.
Am I jeopardising my redundancy by stepping out of the TUPE process and moving to a temporary contract?

To be honest I don’t really understand the TUPE process vs a normal redundancy process. Is there anything I need to be careful of if I do decide to step out of the process?

What are the implications of me taking the maternity post, then the job I am currently in not coming to an end? Would I be entitled to ask to go back to that role? Can they employ someone else to do the role even though they have assured me it is to be made redundant (although they don’t know when)?
I’m loathe to take myself out of my current role as I love it and if it were to continue I would be completely gutted. Also, as the role will probably continue to March 2017, there will definitely be things that I’ll have to do as there is no one else here who knows how to and due to the people leaving etc we are under resourced as it is. So can they expect me to pretty much do both roles?

Any help, advice or simply any input would be very gratefully received.

Many thanks.

getmore4less

TUPE seems a unusual route to take.

At some point they transfer you to another company and they make you redundant.

the only key thing is that being in scope means you transfer but if that means redundancy then it is almost irrelevant.

keeping people in scope is to protect the business taking over from losing/not getting skills transferred


it seems at the moment you have a job you are not on notice of redunancy(and never will be with this company as they plan to TUPE) so it is not a suitable alternative they can make you take.

For now I would say not interested if you don't want the job.

As an internal transfer to fixed term you could insist on agreed termination T&C's to include a payment at least as good as the current projections.


There is the issue they could just go through a process to move you anyway as they could moving anyone's jobs at any time.

Leothecat

Sorry, I should have made clear that the TUPE process dictates that we move to the European company at some date in the future and then they make us redundant. However, in reality that probably wont happen as as soon as the transfer of the department to Europe happens, we will be made redundant. It was made clear to us that we could move there or commute but of course this is not a viable option and we would therefore be entitled to our redundancies at this point.


To be honest, we don't have an HR department. It is outsourced as we are a very small company. I don't believe that the management here completely understand the TUPE process either. None of this has been well processed.....no one really knows what's going on.


Am I within my rights to request a transfer date in writing to enable me to make an informed decision on what is best for me?


I explained my concerns to the GM who said that his hands are tied as he simply cannot give me any concrete dates.


I just don't know what to do as I don't want to move from a job I love to one that I don't like so much. Unfortunately, they see the maternity role as a more important one than the one I am currently in. They have made it clear that they really want me for the maternity role as they know I can do it, know the company and the products, have relationships with the people working here etc etc. I feel as if my back is against a wall as I need a job.

getmore4less

The reality is they can have you move jobs with or without your support.

The motivation for them to do that is quite high and in some ways may help with there other problem if you are not there so much in the current job it will have to get picked up by someone, maybe they hope in the EU location)

That leaves you with the choice of fight the move or go with the flow and make the best of it, what about a pay rise or more flexible hours or something to sweeten the move promotions or other opportunities in other parts of the UK business.

Think of it as an opportunity for change for the better

The reality is your job(the one you like) could be gone and unless you are in a position to understand the issues if why it is not happening to plan it is an unknown.

The secondary issue is what if the person does not come back then you are in the job you are not so keen on for the foreseeable future.

the leverage for better terms is the need to be still doing some of what you do now so make it clear the scope of how much you do, and what is acceptable in terms of overtime and other over and above,, it may be they need you more than they need them.

Just make sure that exit package is a good one.