TUPE and constructive dismissal ?

[paul carter]

Hi Guys, after some advise, my company has just lost a major contractor to another service provider, I am 100% aligned with that contract... as the contract manager, I am being told that the new company have just employed a new contractor manager to do my job.... they haven't even met me yet, I'm not sure they have even received all the details from HR.

 

there would be no work at my existing employer, so this could and probably will make me redundant, surely this warrants constructive dismissal, any advise would be massively appreciated.

 

thanks in advance.

[honeybee13]

Hello and welcome to CAG.

 

I expect the forum guys will be along over the course of this evening with advice for you.

 

My best, HB

[honeybee13]

By the way, are you using your real name? If so, please PM me with an alternative.

 

HB

[Emmzzi]

Hi Guys, after some advise, my company has just lost a major contractor to another service provider.

 

Do you mean contract, not contractor?

 

Yes, you should probably TUPE over with the work, and you should take this opportunity to be very loud about it!

[Sidewinder]

Your role and all current T&Cs will transfer under TUPE. As you suggest, this will likely cause a problem for the 'new' employer, and the only way to deal with it properly would be to put BOTH of you at risk of redundancy and to engage in a meaningful consultation and selection procedure to determine which one of you retains the 'Contracts Manager' position. It may be that the employer is able to offer suitable alternative employment in an equivalent position for the person displaced.

 

You cannot be made redundant without due process as this would leave you in a position of Unfair (not Constructive) Dismissal on the grounds of a flawed redundancy process.

 

As stated above you should be clarifying these points vigorously during the TUPE consultation, asking whatever questions you have regarding the new employer's intentions. This would be a good time to start indicating that you know your rights!

[paul carter]

thanks Guys.