TUPE process - expected responsibilities hugely diifer from what I actually do.

SRRAE

I posted last week about my TUPE to another company but I have received more details as what I'm expected to do.

For context I currently work for Virgin Media IT department and about half of us are being tupd to TCS.

My previous post asked if they can TUPE single people or departments and it seems they can do whatever they want.

I emailed TCS HR what am I expected to be doing, as my primary daily tasks are ones that VM want to keep in-house but I'm being TUPE'd. I got a reply stating they interviewed VM  management and they said my primary role is asset management and the database it sits on.

Besides helping desktop support improving their asset management recording method in 2018, I have zero to do with that. I spent one day, 5 years ago creating a tool for Desktop Support to use and I haven't touched it since.

Can I be expected to do completely different tasks and responsibilities from what I currently do day to day?

Should I seek advice from ACAS or pay for employee legal advice?

GrumpyDil

What is you end goal here? Do you want to be made redundant or are you happy being Tupe'd across to TCS. 

As regards the role I would start off by seeking clarity on what exactly management/HR understand your role to be and where the boundaries lie. That's a serious suggestion as a previous role I had basically consisted of me making it up as I went along and whilst it added considerable value in both mine and manager's view it certainly did not match the nominal job spec. 

josephine82

My understanding of TUPE is to protect your rights, employment and terms & conditions moving from the one organisation to another. 

My experience of a TUPE transfer was that all employees involved in the TUPE process retained their original contracts (and jobs) unless they wanted to accept the new contract from the new organisation. 

So it feels like there are two separate issues here: 
1) the decision that you are involved in the TUPE process and 
2) a change to your responsibilities I.e your contract. 

I think that these should be separate discussions. It also sort of sounds like they are changing your role as part of TUPE which shouldn’t be the case, I don’t think. If your job no longer exists then isn’t this redundancy, and a separate issue? 

This link sort of explains a similar situation which might help. 

https://www.acas.org.uk/employee-rights-during-a-tupe-transfer/changing-your-employment-contract-after-a-tupe- 

I’ve only got limited experience so sorry if you’ve already seen the above. Might help. 

Marcon

If you've not yet done so, I'd go back and have a word with your current HR team and explain your concerns, as outlined in your post above.