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Company Claiming TUPE for not offering Redundancy

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I have heard today that my company is outsourcing my role and that of 20+ colleagues offshore. They are offering relocation (unlikely as the Indian Subcontinent doesn't appeal) but if relocation is not taken up, they refuse to offer redundancy. Instead they are offering an option to resign with a severance package. This raises questions over Job Seekers Allowance, Income Protection etc. They have categorically said that the are BOUND by TUPE to follow this course; my initial research has found otherwise.

Can someone with better experience / knowledge help please as I would to answer "neither" to the offer of relocation and resignation and see what they then come back with and even investigate whether this may amount to constructive dismissal.

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Hey Welcome to the CAG

 

Unfortunately I don't know much about TUPE and Redundancy. Bt someone will be along that will.


I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Do you have a mobility clause in your contract that requires you to work in another country?

 

If not, I'd go with 'neither' because it's a redundancy regardless of whether,or not, they offer it.

 

If they stick to their stance after you say neither; I'd write to them stating that will not resign and that you do not wish to move so far away from family and friends.

Keep a copy of your letter, send recorded and print off proof of delivery.

 

Try to keep as much communication in writing and keep copies. Do it yourself if they don't co-operate.

For example, if someone 'says' something relevant to this process to you, think of a little query about what was said and follow it up with an email/letter outlining what was said (by whom, date, time etc) and adding your query.

Edited by mariefab

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Thanks for replies.

I have already asked for mass meeting to be minuted including questions and answers.

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