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Hi, new here and wonder if anyone can give me some advice.

 

My partner has been working for the council for the last 13 years as an IT manager in a school. Now part of the Building Schools Future project an external company is taking over all IT support. Today my partner received a letter stating that he would be TUPEd over on the 1st September but that under a review of the services at the school the only need 1 member of staff (there is currenty 3). They state that there are other vacancies over the area and if they were sucessful at interview they could be redeployed into as a suitable alternative to redundancy.

 

Im a little concerned about this, it all seems a little underhand. If he does get another position the TUPE will not apply, so does that mean he could get this new job, but they then decided he is not needed and make him redundant, and because its a new position he would not be under the terms and conditions of his previous employment and not get any redundancy pay.

 

It seems from other schools that they are offering an extra £4000 ontop of a pretty huge redundancy payment so that you dont take things any further....to me this shows that what they are doing is maybe not legal and want you to just shut up and walk away.

 

Im just really confused with it all and rather worried, we have 5 children to support so we really cant afford him to lose his job, even if he does get a good payout.

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Hello and welcome to CAG.

 

I'm sorry you haven't had any replies yet. Not everyone here understands TUPE, certainly I don't. While you're waiting for those in the know to arrive here, you could have a look at the ACAS website and possibly speak to the helpline if you haven't already.

 

My best, HB

Illegitimi non carborundum

 

 

 

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What matters for redundancy is length of service with an employer - and that is regarded as continuous even if you change jobs. TUPE also protects continuity of service. So unless he is going to a totally new employer he'll get redundancy. If the company he TUPEs to only pay statutory minimum redundancy however, not much he can do about that. In theory they can move him to new employer, and make him redundant the next day.

 

I wouldn't see an extra £4k as underhand. Many employers up the ante if they need to lose a lot of people to persuade waiverers.

 

What packages are actually on the table?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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