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Tupe transfer


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The company I work for has two work units and has lost the contract my unit works on. We are being accomodated under TUPE regulations, but they have made it pretty clear that the manager of the unit is not wanted, his salary is too high and they new company has somebody else they want to look after our process. We have been doing this work for the past 6 years and he set up the proccess from scratch, but he has not even been part of the designing of our new work space or purchasing of equipment. I think the new company wants to pay him off, which is not what he wants. Is this legal.

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In a word....maybe.

 

Any employee transferred under TUPE cannot be made redundant where the sole reason for redundancy is the transfer itself, HOWEVER, providing that they can show adequate Economical. Technical or Organisational reasons for doing so, redundancy may be justified.

 

If that is their aim however, then he should be put at risk alongside any other manager in the 'new' organisation carrying out the same role, so that fair redundancy procedures are followed.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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