Rules of consultation

I work for a large organisation who are currently in the process of reorganising our department. As part of this they are planning to outsource much of the work to an Indian company. We have just started our 12 week consultation period.

My understanding is that my employer is supposed to enter into the consultation period open minded and without already having made up its mind on issues like TUPEing across roles to the new company. My understanding of the law is that they (my employer) should only come to such a decision as part of the consultation process.

However.... I have evidence to suggest that my employer had made a decision re what to do about TUPE many weeks ago. 4 weeks BEFORE the consultation period started in fact.

I was on holiday when the initial announcement about redundancies first went out and had a phone call from a senior manager (whilst on holiday) to tell me about it. I'd been warned of the coming call by a colleague and so had time to prepare some questions for the call. During the call I asked whether the people being made redundant would be TUPEed across to the new company. The answer was... "No". After a short pause my caller continued... "We have decided not to take that approach".

To me this is clear evidence that my employer has not followed the correct procedure. My wife was in the car with me during the call and the call was taken hands free so I have a witness.

My question is.... Do I have a strong case for taking my employer to a tribunal? If so what sort of compensation payment might I hope to achieve? This is important as my employer are going to offer me an enhanced redundancy package on the basis that I sign a compromise agreement so I need to weigh up my options.

It may be worth mentioning that the official line on TUPE is that "no decision has yet been made and will be considered during the consultation period" (i.e. the answer one would expect). However this does not tie in with what I was told on the phone during that initial call several weeks ago.

If the work is being outsourced abroad then surely TUPE wouldn't really have been an option anyway?

You only have a case for unfair dismissal worth pursuing if you can demonstrate a financial loss as a result of their actions. Yes, consultation is supposed to be meaningful and employees are technically supposed to be able to influence the outcome, but where the decision to be made is whether to outsource some work to India or not, it's really quite reasonable for a business to make that decision.

Do you feel that if they hadn't made up their minds previously then you or your colleagues would/could have come up with an alternative proposal that would have been acceptable? Just trying to see where your financial loss is as a result of this. If you would have been redundant anyway there is no loss to demonstrate therefore no case.

Hi Face2FaceHR,

Thanks for the reply. All I was after really was whether I'd have a case or not which you have answered of course.

Many thanks,

RoadRider

I too am at risk of redundancy. And suspect my employer of dodgy practice.

Can you explain the word TUPEing. Please.

Thanks