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anon_1

Redundancy - Confusing situation

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Sorry for the length of this post, I’m just in a really confusing redundancy situation.

 

The company I work for has re-tended for a two part contract (part A and part B) that it currently runs, during the retender the company lost most of part B of the contract and only managed to retain part A. The contract has a contract manager, three support managers and three assistant support. On the 20th July we (three support managers and three assistants) had an unexpected meeting where we were informed that because of the detrimental impact on the contract, it puts the company in a position that means our jobs are at risk as a restructure will be necessary due to a drop in headcount. We were informed at this meeting that we would have individual meetings on Thursday with the time to be confirmed. On Wednesday 22nd July we were again called to a meeting in the main office about an audit, at the end of this meeting we were given our invite letters to attend the individual meeting the next day. In this letter it states that as a result of the retender and some clients opting out of part A and going with part B, then there is a need to restructure to take into account the diminished requirements of the contract. There are over 20 staff being consulted for TUPE to the new contractor for part B.

 

At the individual meeting we were informed that the selection criteria they were using was strictly an interview and 10 minute presentation and they would not take into account any thing like length of service, absence and performance reviews due to us all being so close. They said they would have to look at these factors if the interview and presentations were closely scored. The presentation would be on how we envisage the new contract would be run and should include 6 factors, an example of these are staffing levels and budget. This was confirmed in a letter we received. When I sent an email asking to see a copy of the contract to enable me to prepare my presentation, we were all sent an email saying the contract had not been drawn up and we had to work on best guesses based on our current contract.

 

On Friday 31st July I gave my presentation and interview (which I didn’t feel went very well), on Monday 3rd August at about I was informed by the contract manager that I had scored the lowest in both the presentation and interview so it was me. There is another position as a support manager on another contract that the company has which was advertised, when the contract manager asked if I wanted to apply for it, I said I didn’t have much choice as it was either that or redundancy. I was informed that HR would have a meeting with me on Wednesday 5th August as I was off on a lieu day on the 4th. An email was sent to me saying I had a meeting in the other contract on Thursday 6th August. On Friday 7th August I received a phone call from HR saying I’d been unsuccessful at the other contract as they were concerned that I was so quite and were unsure how I would deal with staff who ‘get in your face’. They also said they thought I didn’t wanted to be there as when they asked the question why I want to be there I apparently said I didn’t have much choice. The other contract was a significant drop in income (21%), involved a lot more travel over an hour away compared to the three minutes I presently have to travel. When I took everything into account i.e. increase in petrol and decrease in income I would have a decrease in income of about £7500. I would have done the job as its work that I know. They have now re-advertised this position. I have had no further letters since the one received at the individual meeting, I have been informed that I will have a meeting with my contract manager and HR on the week commencing 17th August.

 

I need to know what questions I should ask at this meeting as I have never been in this position before. I have worked for the company for over 4 years. If the reason they are using is the reduction in the contract, losing part B should the managers and assistant support not be protected under TUPE law around 33% of the current work force is on the TUPE list

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Hi Anon,

 

I know this is a poor show, especially from the site team, but I'm too tired, and no-one likes TUPE!

 

Ignoring, any argument, that your dismissal was /will be predicated by the TUPE, and thus unfair (and I'm too tired to check this now), the consultation on the redundancy, seems wholly inadequate.

 

A very poor, limited scope, subjective and unilaterally imposed selection criteria as described by you, could alone make your dismissal unfair.

 

Rather that the usual referral to 'interpretation' based websites, you would be surprised how understandable and well drafted (if a little lengthy), some of the leading case law on redundancy dismissals are.

 

google this happy crowd of claimants:

 

Williams v Compair Maxam [1982] ICR 156, EAT

Murray v Foyle Meats [1999] ICR 827, HL

W Devis & Sons Ltd v Atkins [1977] IRLR 314, HL

 

Hope this helps

 

Che


...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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