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Redundancy and employing sub contractors


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I' hope i'm posting this in the correct place as its my first time on the site.

I'm currently 8 weeks into a 12 week redundancy notice as the boss has said that we don't have any work on to keep going. So myself , another work mate and a part time secretary are finishing on the 18th July. Since receiving redundancy notice my boss has now secured work for the school summer holidays and possibly into September. On hearing this news from him i then prompted to ask him what happens to our jobs then come the 18th July and his reply was that you are still being made redundant.

What i would like to know is if we all finish on the date mentioned then how would we go on if our boss was to use sub contractors to get the work done. We are a flooring business and all 3 of us have each been there for over 20 years.

Thanks.

Edited by RaffatheRed
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If the work continues, then there is a possibility that this may not be a genuine redundancy situation. In certain circumstances the sub contracted firm may be even obliged to take you on under TUPE.

 

 

This depends though on the precise nature of the work being subcontracted, the frequency and duration of the work and the 'fit' between the job that you do and the job that the subcontractors are doing. I am presuming that you are still 'employed' at present and under consultation? Have you asked the question as to why, if the work still exists, you are not being retained until such a time as the work does not exist? Might also be worth asking why the employer feels that TUPE does not apply if the undertaking to carry out the work has been transferred to another entity?

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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