My role is been outsourced but im been made redundant no tupe offered?

devansuk

Hi,

Ive been in my role 15 years im the only person who does anything related to my role in the entire company. 2 years ago our company was bought out and i was tuped over to the new company. The new company has several other offices and my role in them offices and done by an external contractor.

Ive been told my role will be outsourced to the company who perform my role in the other offices and im been made redundant. Im not been offered tupe.

If they are making me redundant then surley my role does not exist to be outsourced? Also they cant use make me redudant do to anything related to the tupe transfer from the old company to this one surley a pre exsiting agreement with a contractor would include this?

TELLIT01

As I understand it you will be made redundant because your job will no longer exist with the employer.  The previous tupe was different as the company was taken over.  

Grumpy_chap

devansuk said:

Hi,

Ive been in my role 15 years im the only person who does anything related to my role in the entire company. 2 years ago our company was bought out and i was tuped over to the new company. The new company has several other offices and my role in them offices and done by an external contractor.

Ive been told my role will be outsourced to the company who perform my role in the other offices and im been made redundant. Im not been offered tupe.

If they are making me redundant then surley my role does not exist to be outsourced? Also they cant use make me redudant do to anything related to the tupe transfer from the old company to this one surley a pre exsiting agreement with a contractor would include this?

TUPE can be more complex than you reference.

You perform a task X.  One person to do the task at location A.
There is a subcontractor that undertakes the task X at all other locations.  A team of people to do the task.
The subcontractor may have sufficient capacity within the team of people to do the additional work of one extra individual without increasing headcount.
The subcontractor may be located at a place where TUPE, if offered, would not be a viable option for you.

You have been in role for 15 years.
Are you being offered an enhanced redundancy package?
It may be best to negotiate the best redundancy package you can and look at this as an opportunity.

devansuk

Im only been offered statutory 

DullGreyGuy

TUPE is fairly complex as it's made up of both legislation and case law. You are probably best speaking to ACAS for advice. 

It would be good if you have thought what outcome you actually want beforehand? Do you want to be transferred to the new company? Stay where you are but doing something different? 

Undervalued

devansuk said:

Im only been offered statutory 

Assuming it is not a TUPE situation (and from what you have said it seems unlikely it is) then I am afraid you can lawfully be made redundant on the minimum statutory terms.

Technically it is a post and not a person that becomes redundant. If the work is being outsourced then the post (and therefore the postholder) is no longer needed.