TUPE Transfer 24 May 2022 at 4:53PM in Redundancy & redundancy planning 3 replies 337 views

Gengis

My employment is being TUPE'd over shortly.   The new company advised the role is not directly equivalent and have confirmed I will transfer over and I can then apply for one of 2 roles.  They have not mentioned any risk of a redundancy but have not confirmed if one of the 2 roles is guaranteed and or what changes if any that will entail.  At the moment it appears the job title will change.  If there is a risk of me losing my job i.e. I am not successful shouldnt they make that clear within the consultation?  (I have asked for clarification)  If I don't succeed in the application am I entitled to a redundancy payment?

YBR

Tupe protection means you transfer over on the same Terms and Conditions, but as soon as that transfer is complete, the new employer can do as they wish.

If it does turn into a redundancy situation, then your length of service should be maintained, for calculating redundancy pay and so on. I've found this is one to watch - Having been tupe'd twice, the third employer wanted to calculate my length of service from the first Tupe, not my actual start date. 

Obviously you will need the information on the two new roles, what that might mean for a new contract and so on. You need to ask how many people are affected, and how many of these new roles there are, also what happens if you choose not to apply for either role should neither suit you

Gengis

Yes I have asked if this is a redundancy situation or just a change in job titles and whether the roles are limited. If I don't apply I will have to accept redundancy.  

Thrugelmir

Restructuring is common when companies merge or there's a takeover. The aim unfortunately is to reduce head count. Remove duplicated roles etc. They'll be no consultation until you are officially employed by the new entity.