Help needed to understand my rights with TUPE/Redundancy and Pool

Elleblue

Hi All

I am after some advice as I am getting confused by what I am being told by my employer/union.

I have worked for my employer for 4.5yrs and we were informed late last year that we are being taken over by a similar organisation. In December we were all notified of which category we are in for either keeping our role (A) in a pool for selection (B) or our role is already carried out by new business so there wont be a role for us and therefore redundant (c ) - I was in C as my role is done from their central offices some miles away from where I am now & there wouldn't be a similar role on site where I am.

The plan is to TUPE all employees over to the new company on a set date (in 4 wks time) and then you'll be made redundant that day if you are a C or not selected for the role in B. Whilst I was very upset at losing my job I came to terms with it and have started job hunting.

We had our consultation meetings in December and mine and a few others were really unhappy about how our meetings went - for example they had my job title incorrect and name spelt incorrectly and the person doing mine basically said I won't have a job and to start packing up. I sent feedback along the lines of job title wrong, name incorrect etc and how unprofessional I felt this person was. None of which has been acknowledged.

Fast forward to last week when they publish the results of the consultation and I have been moved to a B and will need to interview for a role which is nothing like my current one. The role is not similar in that I wont be doing anything like I do now, there is no job description or location advised and it has supervisory responsibilities as well as accounting which I do not currently do not ever have done.

I have asked our HR why I was moved to a different category and she said that the new organisation said I asked to be moved to this category by stating my job title was incorrect (??) they have never once spoke to me about this or advised this was happening I found out in an email sent to the whole company.

So I want to know if I have any options here as -

• I do not want to do the job they have mapped me too, it is not related at all, I have reasonable adjustments as I have a disability which means the new role may prove difficult (although I haven't seen a proper job description).
• I am told if I refuse to go to the interview I wont get redundancy.
• If I get the job and don't want it I have to then give 4 weeks notice and wont get redundancy.
• I am being told to 'flunk' the interview so they dont select me and make me redundant anyway?

I am just so upset over all this as its an emotional rollercoaster…any advice tips would be really appreciated!

elsien

have a read of this. You can turn the new role down without losing your redundancy if you can show you have good reason.

https://www.acas.org.uk/your-rights-during-redundancy/taking-another-job-with-your-employer

So I would suggest in the meantime getting hold of a job descriptions for your current role and the proposed new one and asking for clarification as to why they are considered to be equivalent given the discrepancies that you have mentioned.

The employer has to look at suitable alternatives if available so that you don’t sue them for unfair dismissal. Sounds like the confusion is around what is suitable.

Elleblue

Thank you for your reply Elsien. I will ask the questions at my meeting as the new job info they have given is VERY vague and has more responsibilities than my current role from what I can make out.

itsthelittlethings

Are you in a union?

elsien

The OP mentions at the start of the post differing information from the employer and the union.

OP, who is telling you the information about you can’t turn the role down and you have to go to the interview?

vacheron

https://forums.moneysavingexpert.com/discussion/comment/81870098#Comment_81870098

I would certainly ask to have that second statement in writing and see what their response is. Because they are on very shaky ground on a number of their claims and they probably know it!