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The entire team are being made redundant - Why doesn't TUPE apply?!!!?

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We learned yesterday that our entire catering team are to be made redundant as the contract we are working under has been terminated. But we also know that the new building owner has every intention of providing catering when they take over in a few months! This cannot be fair and surely that is what the TUPE regulations are designed for - does anyone have any advice?:mad2:

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We learned yesterday that our entire catering team are to be made redundant as the contract we are working under has been terminated. But we also know that the new building owner has every intention of providing catering when they take over in a few months! This cannot be fair and surely that is what the TUPE regulations are designed for - does anyone have any advice?:mad2:

 

As far as I know, it is not a requirement to use TUPE. In a company i worked for, one department dealing with a particular Insurance risk, were basically sold under TUPE to another Insurance company. The staff went with the portfolio of work to offer continuity of service to the policyholders. The staff had personal client handling relationships that the new Insurance company wanted to maintain. Therefore TUPE made sense.

 

I have a relative who worked in contract catering for a big company. When they lost the contract they were made redundant, as the new catering company had their own operation. They did not want to take on staff from another company.


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How is the contract terminated?

Is it just ended or has the contract been re-tendered?

Is the company you work for winding up or has the company been bought by the new company?

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Its a catering contract. The building is being sold by the current owner and contract holder to a new owner (the current owner's staff will be staying in the building for another few years). They have terminated our catering contract. The new owner is planning to open a new canteen in another part of the same building in a few months.

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I think the key thing is in your last sentence. " in a few months"

 

So if your protected under TUPE ( and I think its unlikely) what work do you do for a few months before the new building owner opens a new canteen?

You need to clarify what's happening to the company's, not building owners.

I have also found this for you...

 

Can I be made redundancy because of the Transfer?

 

Yes you can be made redundant and new changes to TUPE law have made it possible for you to be made redundant before the handover, i.e. the new organisation can decide it doesn’t need all of the staff from the existing organisation and redundancy consultation will then take place with the existing organisation. For this not to be unfair there needs to be “an economic, technical or organisation reason entailing changes in the workforce

 

 

The key word in the above is economic. Your doind a catering job where, for a few months their is no canteen. No canteen requires no staff therefore economic reasons

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Is your job with the business where the catering is done or does a catering company employ you ? In other words are you working for a catering company who has a contract to supply staff to the business ?


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I work for a contract catering company

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I work for a contract catering company

 

Does the contract caterer operate any other contracts near to where you live ? Can you apply for any positions with the same company working in a different kitchen ?

 

My relative worked for the same contract catering company in more than one place, but had to move to maintain employment, as the jobs available were not close to where they lived at the time. The big contract catering companies run kitchens in many different workplaces.


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Yes they do, but they havnt offered. I suspect that my 36 years of service and Terms & Conditions will have something to do with it...

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If the business is ending the contract it has with the catering company, then TUPE does not apply as you don't work for the business.


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ultimately you are knackered by that word CONTRACT. the building owner buys in a servicea nd your employer sells it. If your employer no longer has work for you then that is redundancy. Doesnt matter what arrangements the new building owner has for the future, this could have occurred at any time and ther is nothing you or your employer can do about it. Sorry but it is not down for TUPE, however your employer should at least try to find you alternative work within their existing organisation so if they are recruiting anywhere else then you lot should be considered before they try and fill the posts externally.. A union rep should be getting to grips with this.

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I think they key point here is the 'in a few months' bit rather than 'contract'

 

I recall that we once used to use an an outside cleaning company, but the cleaner who used to do the work on their behalf was useless. We gave notice that we were taking the cleaning back 'in house' and soon came unstuck when it was established that TUPE did apply. The substantial role of the cleaner in question was to clean our premises and ours alone, and as the undertaking was transferring to another company - ours - she had to be transferred to us on her existing terms. We then had to take her through a lengthy disciplinary process (legitimately due to the continued poor quality of work) whilst she worked alongside the member of staff that we had taken on to do the role

 

In your case, where the service provision is ceasing the redundancy situation may well be lawful, even if the employer is known to be reintroducing in house catering in future. The break in that provision so long as it is distinct and for valid reasons would most likely be sufficient to remain on the right side of the law


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Agree; the break means they are not taking over a going concern.


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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If this a 'sham' redundancy, and the break in service provision appears to be there to avoid TUPE, then you may find that the redundancy is in fact an unfair dismissal.

 

Potentially there may be enough there to give your current employer a serious headache. You can speak to a solicitor if you wish to push this forward.

 

Even if it is an unfair dismissal, you'd still be expected to search for a new job. So it might be best to start searching unfortunately.

 

If its any consolidation, the redundancy payment for someone with 36 years service should be pretty substantial.


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This is what your entitled to

You get:

0.5 week’s pay for each full year worked when you’re under 22

1 week’s pay for each full year worked when you’re between 22 and 41

1.5 week’s pay for each full year worked when you’re 41

 

If you google redundancy pay their is a calculator

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