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made redundant by company who doesnt have control of my current employment !
i work for coop insurance who is proposing to transfer some of its business to markerstudy , but it has to await FCO approval to allow this.During this time markerstudy have advised they do not recognise my current union at coop and have commenced the redundancy process , they now wish for my appeal to take place whilst still having no offical control of the business.
i would have expected the normal procedure to be that they would commence the redundancy process once they have control , BUT this is a way of them saving money as the consulting process is being funded by my current employer ( COOP).
It also seems unfair to have potentially relationship damaging discussions with your bosses , when the deal may not be approved and it goes back to business as usual.
Further i am in complete abeyance on when i will be made redundant and it isnt good for you mental health as the approval keeps being pushed back.
Any thoughts on the legality of this - many thanks
Comments
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A business can look to make redundancies pre or post a TUPE but if it is tied to the TUPE (transfer) itself then this will automatically be unfair. If your current employer is wanting to remove your role that is fine and if your new employer wants to remove this role due to an Economic, Technical or Organizational reason ONLY then that is fine but if this process is starting because of the fact you are transferring then this is unfair and you would have a right to raise a grievance about this.2
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Thanks Juliette ,Juliette100 said:A business can look to make redundancies pre or post a TUPE but if it is tied to the TUPE (transfer) itself then this will automatically be unfair. If your current employer is wanting to remove your role that is fine and if your new employer wants to remove this role due to an Economic, Technical or Organizational reason ONLY then that is fine but if this process is starting because of the fact you are transferring then this is unfair and you would have a right to raise a grievance about this.
They want a zoom meeting Friday to hear my appeal , they advised i was being made redundant as my department does not exist in the new company. They even in the letter above advise the redundancy is due to the transfer of business.
Do you recommend mentioning TUPE during the meeting. They advise they cant officially put the redundancy in writing or advise the date of redundancy yet which all seems rather odd.0 -
Get your union to represent you on an individual basis if they won't accept collective.0
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Yes you need to question tupe as that is what they have said it is. And under tupe they cannot dismiss you due to the transfer itself. If your dept doesn’t exist in the new business the new business needs to manage this once they take over and you transfer. If you are to be made redundant they would need to document that with date. But in your appeal be accompanied and ask for the minutes of the meeting. Inform them you wish to review the minutes after the appeal as these are important. If you are part of a union involve them as it’s important to be accompanied in this meeting rather than go it alone0
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I should add it is not unusual for the new owners not to want all the staff. The new managers may make it a condition of taking over the business, either formally or informally, that the current managers dismiss employees as redundant before the transfer or both groups work together to reach this end which seems to be the case here.
Thus, tribunals will probably deem the TUPE transfer as the sole or principal reason for such dismissals, and determine
- There is no “ecomonic, technical or organisational” defence;
- The dismissals are automatically unfair.
Redundancies before the TUPE transfer can be an economic necessity and a valid defence – for example needed to keep the business trading but if there has to be genuine ETO reason it tends to be fraught with issues especially pre transfer. Your document seems to imply this is merely due to the transfer so I think they have said it all. Good luck!
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well the inevitable has happened and i have been formerly advised i am redundant ,
on reading up on the subject of tupe -am i correct in believing the correct procedure is that the new company should pool all the transfering cis staff and markerstudy and then make redundancies if it is due to economic reasons.
also if i was lucky enough to win an automatically unfair dismissal case what payout would i reasonably expect - the reason i ask is that my acas claim is asking what sum of money i would accept to settle the case
--would i be wasting good money getting the help of a solicitor
many thanks for your assistance0 -
Would be unmanageable to combine and integrate an acquired business while restructuring the entire organisation. The new management have no ability to assess each individual fairly either. Which would in itself would result in an uneconomic use of resources. There'll be entire teams/departments which will be dispensed with during the takeover process.pogba1234 said:
on reading up on the subject of tupe -am i correct in believing the correct procedure is that the new company should pool all the transfering cis staff and markerstudy and then make redundancies if it is due to economic reasons.0 -
How long have you worked there?0
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Did your union rep come to the meeting?pogba1234 said:well the inevitable has happened and i have been formerly advised i am redundant ,
on reading up on the subject of tupe -am i correct in believing the correct procedure is that the new company should pool all the transfering cis staff and markerstudy and then make redundancies if it is due to economic reasons.
also if i was lucky enough to win an automatically unfair dismissal case what payout would i reasonably expect - the reason i ask is that my acas claim is asking what sum of money i would accept to settle the case
--would i be wasting good money getting the help of a solicitor
many thanks for your assistance
They may well support the appeal.0
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