Any TUPE experts out there?

Standupforyourself

Hi

I work for a relatively large company (listed on London stock exchange) who have recently agreed to outsource their sales, marketing and distribution functions to another company which means my job and the jobs of several colleagues in my business function are under threat.

My understanding of the situation is that this is a service provision change - i.e. my company will be paying the new company a fee to carry out the same work as is currently carried out here.

Under TUPE i assume we should be transferred to the new company but the reality is this:

- we've been told there are no jobs being created at the other company
- the other company's workforce will absorb the work our company does
- our HR department have offered us a "settlement agreement" should we feel we want to leave
- we've been informally told the business transfer date but have not been told if we will or wont be transferred over to the new company. My assumption is not, and that my current company has indemnified the new company against any claims as part of their commercial agreement (this is an assumption i stress)

Can anyone advise what are my rights in this situation and what action i should be taking?

thanks

Andy_L

If they genuinely don't need the extra staff then you are looking at redundancy under because of "economic, technical
or organisational" (ETO) reasons which is allowed under TUPE. They have to jump through all the usual hoops to make you redundant, so there is a chance (but probably a slim one) that someone other than you would get the shove.

Is the settlement agreement more or less than you would get for redundancy?

Standupforyourself

But should the correct process be that they need to pool us with the current workforce at the other company as we all do the same job?

My job is not disappearing, it is just going to be done by someone else. To dismiss me on that basis is unfair which is why i assume they have offered me a settlement.

Standupforyourself

the settlement is statutory redundancy plus enhancement

lincroft1710

I am no expert but this seems to me to be a redundancy situation rather than TUPE.

getmore4less

Get independent lawyer on the case, as a group it won't cost much to spread the cost.

Keeping your job will be hard but the offers will go up.

What is the union saying?

getmore4less

lincroft1710 wrote: »

I am no expert but this seems to me to be a redundancy situation rather than TUPE.

Looks like a TUPE.out source of full function

The redundancy would be the responsibility on the new employer if they have too many people.

Standupforyourself

no union.

I'm no expert on the law (hence being on here!) but I'm pretty sure the present employer cannot make me redundant as my job will still exist, only in the other company taking on the work.

Standupforyourself

to add, we've been told we wont be transferring. Hence the offer of a settlement i assume.

Andy_L

Standupforyourself wrote: »

But should the correct process be that they need to pool us with the current workforce at the other company as we all do the same job?

AIUI yes. However it's not difficult to skew the system to give the result they want

getmore4less

Standupforyourself wrote: »

no union.

I'm no expert on the law (hence being on here!) but I'm pretty sure the present employer cannot make me redundant as my job will still exist, only in the other company taking on the work.

Problem is the decision for you and the others to not have jobs unless you can find a suitable alternative has been made.

Even if you force the transfer using TUPE the new place won't have jobs for you.

Are they moving people onto your sites or taking the work in house to their own locations?

If you kick up enough fuss the outsource company might back out, if they think they will get pulled into an ET in a case like this you go after both companies.

What you need to do is maximise the offer to go quietly, that is going to need some legal support.

greed to outsource their sales, marketing and distribution functions to another company which means my job and the jobs of several colleagues in my business function are under threat.

How many people are involved and definitely going?