TUPE or not TUPE
MrsTiffa
Posts: 1 Newbie
Looking for advice please...
Background:
I worked for a firm for 8 years, until I was TUPE’d over to an outsourcing company who still provided a service to the firm for the past 2 years. The firm have just undergone a prepack administration and merged to form new firm. The outsource company have been told that the service is no longer required but have been asked to provide an ad hoc service for an unknown period of time without a contract but that they will be paid by the new firm.
Situation:
I have been informed from the outsourcing company, that as soon as the ad hoc service ceases that my employment with the outsourcing company will cease to exist and that I should be TUPE’d over to the new firm. HOWEVER, the outsourcing company have admitted that the new firm do not believe a TUPE situation exists (and basically don’t want us either) but they are in talks and hope to resolve but that I should seek legal advice should they not reach agreement.
Question:
Who is LEGALLY responsible for making me redundant??
Background:
I worked for a firm for 8 years, until I was TUPE’d over to an outsourcing company who still provided a service to the firm for the past 2 years. The firm have just undergone a prepack administration and merged to form new firm. The outsource company have been told that the service is no longer required but have been asked to provide an ad hoc service for an unknown period of time without a contract but that they will be paid by the new firm.
Situation:
I have been informed from the outsourcing company, that as soon as the ad hoc service ceases that my employment with the outsourcing company will cease to exist and that I should be TUPE’d over to the new firm. HOWEVER, the outsourcing company have admitted that the new firm do not believe a TUPE situation exists (and basically don’t want us either) but they are in talks and hope to resolve but that I should seek legal advice should they not reach agreement.
Question:
Who is LEGALLY responsible for making me redundant??
0
Comments
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Question:
Who is LEGALLY responsible for making me redundant??
I'm not an expert, but I would say your current employer (the outsourcing company) unless it is agreed that a TUPE situation exists (in which case you transfer over and then get made redundant if not required). Personally I can't see that TUPE is applciable, but as I said I'm not an expert.
And if I were in your shoes, I'd be saying that that is a question for the two companies to be seeking legal advice on - they shouldn't be putting the onus on individual employees to get an answer.0 -
Looking for advice please...
Background:
I worked for a firm for 8 years, until I was TUPE’d over to an outsourcing company who still provided a service to the firm for the past 2 years. The firm have just undergone a prepack administration and merged to form new firm. The outsource company have been told that the service is no longer required but have been asked to provide an ad hoc service for an unknown period of time without a contract but that they will be paid by the new firm.
Situation:
I have been informed from the outsourcing company, that as soon as the ad hoc service ceases that my employment with the outsourcing company will cease to exist and that I should be TUPE’d over to the new firm. HOWEVER, the outsourcing company have admitted that the new firm do not believe a TUPE situation exists (and basically don’t want us either) but they are in talks and hope to resolve but that I should seek legal advice should they not reach agreement.
Question:
Who is LEGALLY responsible for making me redundant??
Follow the advice you’ve been given and go see a lawyer. Your union should have a legal advice service, if you’re not in a union, use the saved fees to pay for advice. Strangers on the internet haven’t access to all the relevant information and can’t safely help you.Originally Posted by shortcrust
"Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."0 -
I too am in a situation where my organisation will merge and I've been told I'd either be seconded or tupe'd. I saw my union about this last month.
I can not remember (or find, I did have a look at my notes from the union meeting) the exact advice I was given by union but they did warn that when someone tupe's over, the new company can then do a re-structure which may in turn make you lose any benefits that you have carried over. They have seen this happen before.0
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