Hi.
Is there anyone out there with knowledge of the TUPE process? I have recently been tuped across to another company. Half my colleagues are in the process of being made redundant, but they have given me a position different to my current role. I'm not happy in this role and would prefer to take redundacy and do something different in my life. I have been told if I refuse the role then that is taken as resignation, is this the case?
Thank you
No - that should be redundancy if it's a different role.
They can off you the same role in a different location, it is a way of getting rid of people, live in Cornwall get offered a gig in Aberdeen.
They should offer you the same role but in new company, sounds like they are trying it on.
There was a recent case where someone was claiming that an alternative role wasn't suitable
The tribunal concluded that if the role was 60% the same as the old one it was pretty much a suitable replacement role
So I guess the question is: how different is the new job?
We've just gone through this in my company. You can only be Tupe'd into the same role - otherwise it's a different role. After notice of redundancy you should have a timeframe to decide if you want to do the role or not - often around 8 weeks. If your original role has been made redundant you can choose not to keep the tupe role on week 7, day 6 if you want and retain your redundancy package.
Be careful though as the redundancy pay off companies have to give can be dependant on how many staff are laid off. If you're the one that takes them up into the next bracket it could cost the company big bucks.
If you decide not to keep the role on offer and wish to take redundancy, make sure you get dated evidence (email) that you've informed your manager/HR dept that this is the decision you're taking. If you go over the set period it could be classed as resignation.
Be careful though as the redundancy pay off companies have to give can be dependant on how many staff are laid off. If you're the one that takes them up into the next bracket it could cost the company big bucks.
I'm not following that - are you saying the payout that an employee gets is dependant on how many are being made redundant?
If so - I think you're mistaken
The number being finished can affect notice period though
My original role was made obsolete and I have been given a lesser role elsewhere. I have not had a formal offer of the role, so should this be coming along? However, we were offered/told roles to apply for and this was the only role I could go for, so by applying for a role have I waved goodbye to redundancy?
That sounds like they're offering alternative role then on the basis that your role is redundant. In which case, you can reject the alternative and take redundancy.
Just because you applied doesn't mean you have to accept it (I'm pretty sure)
This sounds like great advice, thank you. I'm going to contact ACAS for further information and go from there. There has been no formal offers or any paperwork, so perhaps they are holding off.
i applied for and got a job within the same company when I was made redundant. I and the company had 3 months to say whether or not I was suited for the role. After 6 weeks decided I didn't like the job anymore and took the redundancy.
The problem you may have is if you signed a new contract with the new company that you are no longer under threat of redundancy and therefore not affected.
muggomagic, thanks for the advice. I have had no paperwork to sign since moving across which is helpful to know. Still will make a few phone calls but have a much better understanding of my rights, thank you.
regarding how much money they have to give for redundancy. companies do have a budget if the run "enhanced" redundancy which is beyond the statutory terms companies are normally held to.
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