Redundancy/TUPE

sabelu

Hi,

I currently manage an operation for a large fulfillment company. The operation I manage is moving to another site as we have lost the contract. The employer has ensured I can be absorbed elsewhere, its within their interests, which is good. However my job has transferred so what are my rights under TUPE and rights to redundancy etc. What questions should I be asking to ensure I get flexibility within any decision I may need to make, which may include finding alternative employment and take any redundancy package?

Shazmar_2

TUPE comes into effect when another company takes over your company, which I don't think has happened in your case. If I read it right your company has lost a contract to someone else. So the contract has changed hands not the company. If this is the case then I don't think you can apply the TUPE reg's. As far as redundancy goes they are not making you redundant but are willing to move you to somewhere else in the company. If you are not happy with this you could ask for redundancy (they don't have to give it to you) on a voluntary basis. If they are going to move you then make sure your current terms and conditions apply such as wages etc. If they are not willing to keep your same T & C's then seek advice from a professional body such as a union or solicitor.

sabelu

We have been advised that this falls under TUPE by our HR Dept apparently the law has changed re these situations.

Ewarwoowar2

TUPE is likely to apply - change of service user under the 2006 Act.

What do you want to do? Switch over to the new employer on the same terms and conditions or stay with your new employer.

Technically, if TUPE applies, your job moves to the new employer. If your current employer has offered you a different job, you could move jobs before the transfer.

sabelu

Unlikely I would wish to move the distance involved, however I may wish to consider redundancy. However there should a suitable alternative offered but how would I stand should I wish to pursue redundancy. What takes the precedent the employers obligation to keep people in employment or the employees right to redundancy through TUPE?

Ewarwoowar2

If the new employer is based miles from where you are now, check your employment contract to see what it says about working away from where you aree now. If it allows them to move your job location then you're not being made redundant and you'd have to resign if you didn't want to move.

If not, you could argue that the move is in breach of you employment contract, therefore they're ending your job and should pay you redundancy. However, if they offer suitable alternative employment that you reasonably refuse, you don't get redundancy.

Looks like any redundancy payment is dependent upon whether the job offered to you is suitable alternative employment.

ohreally

sabelu wrote: »

Unlikely I would wish to move the distance involved, however I may wish to consider redundancy. However there should a suitable alternative offered but how would I stand should I wish to pursue redundancy. What takes the precedent the employers obligation to keep people in employment or the employees right to redundancy through TUPE?

Unless i've got the wrong end of the stick, redundancy may not be an option as you current employer is prepared to absorb you within it's structure elsewhere?

sabelu

Just to update on this situation my employer has given me the following options:

1. Sign the attached letter:

Dear Sirs,

I hereby register my objection to my employment being transferred to XXXX Group under the TUPE Regulations 2006.

I agree to continue being employed by XXXX PLC on my current terms and conditions.

I further agree to being redeployed from work on the XXXXXX account to such other account as XXXX PLC determines.

In no way does any thing in this letter affect my terms and conditions of employment, or continuity of employment.

Yours faithfully,

In signing this letter I would affectively be left in my role until the contract ends and then be moved to a like for like job.


2. Dont sign the letter and expect to be moved to another area asap to eliminate the redundancy cost. I could then take to grievance and fail. Leave and take to an IT but wouldnt win saying I left because I was offered a different job under same Terms & Conds.

3. Dont sign the letter, stale the process and hope that in the end the company would pay redundancy finally reduce risk of IT and to eliminate hassle.

Any advice or questions to ask from anyone?

cash99

If TUPE applies then you automtically become employed with the company taking over the contract. If your new employer wants to conduct the business at a difference location then depending on the terms of your contract with regards to location of employment / mobility they may have to offer you redundancy.

http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10028541

Your current employer has nothing to do with this and is certainly not making you redundant.

If you sign the letter you are rejecting the TUPE transfer and in effect taking up a new position with your existing employer albeit on the same terms and conditions and without loss of continuity of service.

I think you have two choices, either stay with your current employer in a new role, or take the TUPE transfer and see if you are eligible for redundancy as a result of the business relocation.

Maybe a chat with a solicitor or citizens advice is in order.

sabelu

Because this is a fulfilment contract change my current employer is liable for the redundancy costs within the contract. I have not been offered my role within the new contractors organization even though I have requested details.

sabelu

sabelu wrote: »

Just to update on this situation my employer has given me the following options:

1. Sign the attached letter:

Dear Sirs,

I hereby register my objection to my employment being transferred to XXXX Group under the TUPE Regulations 2006.

I agree to continue being employed by XXXX PLC on my current terms and conditions.

I further agree to being redeployed from work on the XXXXXX account to such other account as XXXX PLC determines.

In no way does any thing in this letter affect my terms and conditions of employment, or continuity of employment.

Yours faithfully,

In signing this letter I would affectively be left in my role until the contract ends and then be moved to a like for like job.


2. Dont sign the letter and expect to be moved to another area asap to eliminate the redundancy cost. I could then take to grievance and fail. Leave and take to an IT but wouldnt win saying I left because I was offered a different job under same Terms & Conds.

3. Dont sign the letter, stale the process and hope that in the end the company would pay redundancy finally reduce risk of IT and to eliminate hassle.

Any advice or questions to ask from anyone?

Believe I have three options here:

1. Sign letter and accept new position. Have the opportunity to see existing contract out first.Might not like the position but simple solution.

2. Dont sign letter and I have been informed I would be moved very soon to a like for like roll to eliminate my right to redundancy, i.e. if I then left and claim through IT I would have little chance of success as I would be complaining about a like for like roll and would get little sympathy.

3. Pursue the TUPE transfer issue and wait for answers to questions I have submitted. These are around the job with new contractor, relocation etc. Then at a later date if these questions mean the situation is not practicable then claim redundancy. My questions relate to this and notice period as if I did not have to work my notice period then I would be leaving with the equivalent because of the tax fee element of 10 months money. Ideal if I could walk sraight into a new role.

The company ppear not to be dealing with this redundancy situation as they have others over the past five years, where people were not expected to work their notice.
2. Have been told if I dont sign