TUPE (Transfer of Undertakings Protection of Employees) and Redundancy.

[missjojo]

Hi,

Myself and one other are due to be TUPE'd across next week to a new company.

However today have been told our jobs are now up for redundancy as they aren't sure there are roles for us.

I work in IT and have also been told that I will be shadowed over the next month by someone from the new company so they can learn my role.

Surely if I am training someone to take my role it isn't really being made redundant?!

Any advice would be appreciated

Thanks

 

[ajapale]

Are you a member of a Trade Union?

Is the entire company being sold to a new owner or is it only the IT department or perhaps its just part of the IT department thats being sold?

 

[Wonderwoman]

Hi Missjojo, If you can post more details I might be able to give you some advice as I have been through a similar process recently and got legal advice.

 

[danash]

Hi,

Myself and one other are due to be TUPE'd across next week to a new company.

However today have been told our jobs are now up for redundancy as they aren't sure there are roles for us.

I work in IT and have also been told that I will be shadowed over the next month by someone from the new company so they can learn my role.

Surely if I am training someone to take my role it isn't really being made redundant?!

Any advice would be appreciated

Thanks

I am not an expert but I believe the receiving company is obliged to accept you in to the company on the Ts&Cs of your original company. They are within their rights to make you immediately redundant if they can cover the role from their existing resources - ie if they have capacity. This would seem to be the case with you.

I think your focus should be on how you were selected for redundancy and whether the selection process was fair. If you are more qualified or competent than your 'shadow' then the company needs to explain the criteria by which they have arrived at the decision to make you redundant rather than your shadow. If they cant do this adequately you may have a case for unfair selection for redundancy.