Redundancy/TUPE

zfrl

sabelu wrote: »

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.

As stated earlier there is no redundancy currently on offer - the company who has won the contract must take you on or offer you redundancy only when the new contract starts. Your current employer can offer you another job within their organisation.

Are you in a union? If so they should be offering advice. If not the new company should be contacting your company (HR) to ensure a smooth transaction.

I am in the same situation although I have not been offered a job with my existing company (yet - I hope).

sabelu

In the terms of the fulfillment contract it states that the old provider will fund any redundancy so my company are being cagey with everyone on this matter thats why they are issuing the letter encouraging people to sign. However they are dealing with me first and dependant on my ecision their expectation would be I would deal with the employees. If I dont agree they may well risk moving me and seconding a Manager to see the contract through to the end thus eliminating the redundancy cost.

sabelu

Can a person escalate an issue to an IT after exhausting company grievance procedures without resigning from the company.

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?

I have been advised that this letter is unlawful and not to sign as if I am around at the end of the contract then redundancy is an option.

One thind I am going to pursue further is transferring with the contract which my current employer has not pursued assuming one the new contractor will want no one and two that no one will want to move.

My view is this might be an option in which case I should not sign, equally I could use this to see if its a considered option which will give me more time. It is my intention write a letter expressing this view and ask for any like for like vacancies. From there request a visit to the site and area to consider this as a potential option asking questions re relocation etc. If this did not work out I would still have the redundancy option and indeed might be a help to them over the initial migration period. Over the first twelve months if it didnt work out or the trasnsfer was not to my advantage then presumably we would revert to redundancy?

Any views?

sabelu

So no tips, comments advice from anyone this section lean on experts obviusly.

MrHelpful

I need some advice URGENTLY.

The company I use to work for went into voluntary liquidation last week blaming it on the credit crunch. This was done in an abrupt manner with complete disregard to the employees. Basically, came in on Thursday morning and we were told the company had ceased - we would be paid our salaries till the friday of that week but any redundancy payout, outstanding expenses, overtime claims would have to be filed with the liquidator. We were told we would not get any notice pay (4 weeks) as the company had ceased immediately and could not afford to pay off any debts.

The company in questions had many clients. Some clients have offered individuals (ex employees) contracts back to get to them on the shop floor, on a short term, IT contracting basis. However major question is does TUPE apply for ex employees of the company which went into liquidation? As I am no longer an employee of the firm which went into liquadation (I have my P45 now) I thought the answer to this would no but I have been told it may do with recent TUPE rule changes for companies which go into liquidation i.e. my situation is I have set up my own company and want to contract out (on a day rate) to the client I previously worked for (does TUPE apply?)

Also is this unfair dismissal? What is the employees rights? I am in the difficult position now where I have no income and I have ex company expenses on my credit card and am having to dig into personal savings to settle - this is TOTALLY UNFAIR. I have been told I have very little chances of getting my January expenses/overtime/redundancy pay back and had no inkling the company (private ltd) would go into liquidation

MrHelpful

Can anyone help?

sabelu

How long due you carry previous T&C's over to your new employer?

mymatebob

sabelu wrote: »

How long due you carry previous T&C's over to your new employer?

When? Under TUPE?

sabelu

mymatebob wrote: »

When? Under TUPE?

Yes please