TUPE - 2 jobs, 2 different TUPE arrangements

[steph23clio]

Hi, this is a complicated one but I will try to keep it brief!

 

I had been working for company X for 3 years when company Y took over management of the site. I was told at the time that I had to TUPE over to company Y or I would effectively be making myself redundant as there was no longer a job for me with company X. I was also told that it was company Y’s policy to employ people at my level (admin support) through a contracting company (company Z).

 

Now, this all went ok until recently. During the 2 years I have been working for the contracting company the original company I worked for took on a part time admin position. Now, company Y are taking over all staff from company X on a direct contract of employment (including the part time admin position) rather than through the contracting company I work for.

 

Now, my question is: Can company Y employ the admin position directly even though the TUPE arrangements and job are exactly the same as mine rather than through the contracting company like people of my position are.

 

I have asked the question of company Y as how this can be. They have responded that the work brought over by the other admin position is “different”. However, I was recently asked in a team meeting what work of mine I could hand over to this position.

I have been asking for a direct contract of employment for 2 years, and now someone who does exactly the same tasks as me is being taken on directly, it doesn’t seem fair or right.

 

Any help anyone can give will be gratefully received!

Edited March 27, 2013 by honeybee13
Increasing font size, spacing.

[honeybee13]

Hello and welcome to CAG.

 

The forum guys should be along over the course of the day and I know some of them know about TUPE. Please bear with us until they're able to get here.

 

My best, HB

[steph23clio]

Thanks

[Emmzzi]

Is your job actually at risk?

 

They aren't under any obligation to take you on a contract unless they are removing the work from your current employer. Are the new staff "extra" to what you do?

[steph23clio]

I feel as though my job could be. There isn't enough work for both of us (even though the second position is only part time). And seeing as contract staff are classed as "temporary" I feel like they are trying to push me out of the door.

 

Company Y took over the management of the site leaving company X to provide manpower (and a part time admin). This year Company Y are taking on the manpower (and admin) directly and the original company I worked for will no longer operate at this site.

 

I don't understand how even though we both do exactly the same job I was TUPE'd to a contract company and the other position is now being employed directly.

 

Thank you

[Emmzzi]

Where are they taking the manpower on from? That is the bit I am confused by

[steph23clio]

The original company I worked for 2 years ago. The site was operated fully by the original company, then the owner of the site took over management and my admin support (not including blue collar workers) and this year they are taking on the blue collar workers and the part time admin support which was my position 2 years ago, although they only felt they needed the second part time position about a year ago.

The owner of the site will now employ all blue collar workers and white collar workers directly except for me who will remain employed through an agency.

Hope this helps!

[Emmzzi]

Hmm. It doesn't sound great but until you are advised of a change there'd not much you can do! Informal chat with your boss? talk to your union?

[steph23clio]

These changes have been announced and Company Y are in TUPE talks with Blue collar and the part time admin person at the moment with it all going live in June.

It just seems really odd that even though the circumstances and jobs are exactly the same, the second admin position is taken on directly and I'm left as agency.

Unfortunately I'm not a union member Although I will become a member, as this is an existing problem I don't think they will help.