How useful is TUPE?

[peterhoward]

My firm is about to be sold. It seems clear that one of the two potential purchasers would want me to work for another person who is currently at the same level as me. It would remove a number of planning and reporting functions of my job but the actual work other than that would be similar. I understand he would report at the same level as currently.

 

I have two questions I was looking for help on...

 

Firstly can they do this, so my choice is eat it or quit with no redundancy?

 

Plus secondly if I say I don't fancy it can they give me my notice period and require me to work it, rather than making me redundant?

 

Thanks,

 

Peter

[Emmzzi]

rule of thumb, is the job more than 50% similar? Sounds it.

 

1) yes

2) you may be deemed to have resigned. no redundancy.

[becky2585]

Basically, you'd either have to transfer (if TUPE applies) or object to the transfer, which means you would essentially fall into an employment law black hole. If TUPE doesn't apply, there would potentially be a redundancy situation, so you could try to run that argument to try to claim redundancy pay (although your employer is unlikely to agree as they won't want to bear the redundancy costs!)

 

If you refuse to transfer, you'd end up in a difficult situation. You won't have resigned or have been dismissed - it's the one circumstance where your employment would just "end". So no redundancy pay, and no notice pay...

[peterhoward]

Many thanks for the comments, they are most appreciated, if not all that encouraging. Just to clarify...

 

If for example me and xxx both run a department of 5 people and we're at at the same reporting level. Do note that we're both hands-on so all 12 of us do similar stuff, just me and xxx get extra strategy, planning, purchasing and negotiating work. All 10 workers are made redundant. The new owners then have me work for him without all the old responsibilities, plus he immediately throws his most hated workload at me (which he's said is his plan). You're saying that basically I'm just screwed, and would have been better off made redundant in Administration (which won't happen, I can do too many things no-one else can)?

 

I understand we'll all be TUPE'd over (there's only 27 of us left from 130).

 

Is the assumption they'd tell me what the new job is first or TUPE me over and then tell me, and does it make a difference?

 

Peter

Edited August 14, 2012 by honeybee13
Removing name.

[borisbeaver]

The phrase "Chocolate Fireguard" comes to mind.

[Emmzzi]

yes you are screwed

 

when they tell you is academic they could TUPE you as is and change your role a month later for "business need" reasons