Hi, I was TUPE'd in just over a year ago, 4 people in total, split between 2 departments. The 2 other guys asked to go onto the new companys contract (better pay etc) which happened. My collegue and i request this and it was never forthcomming all we got was they are looking into it. My collegue has since resigned. Anyway eventually last week i got invited to a meeting with head of department and a HR advisor and told my job on my original T&C will not exist anymore and i would have to apply for this new post which they are making, this post is the same duties as i have been doing for the last year which is outside of my original duties but i didnt mind thinking it would stand me in good stead. I had a week to decide if i want to go for this new post if i didnt it would be redundancy. Today i received an email saying my original duties will no longer be required and they are looking to recruit for a person who can do this that and the other (which states the duties i am already doing)!
How can they say my job doesn't exist if they are included in this new vacancy? They have just finished a large project which took a year and i was needed and they are about to embark on another project which will take 3 months, funnily enough the redundancy notice would be 3 months!
I have been doing my job 8 years with a private company who provided a service to the public sector who took it in house just over a year ago.
Can they say my job duties will not exist when they will? And basically to apply for my job?
Any advice will be appreciated.
Regards
TUPE'd a year ago, no longer exists?
- 29-09-10, 10:40 AM #1Engineer
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TUPE'd a year ago, no longer exists?
- 29-09-10, 12:19 PM #2
It sounds as if this is being classified as a re-structure, which would be a justified cause for potential redundancy. I suspect that it is the formalisation of a role which you may have been doing, but which was never formally your role, alongside possible changes in grading and trerms and conditions. On the face of it it sounds somewhat "job's worth" in the way they are applying this change, but it is probably within the law, and to an extent may be advisable for the employer to go through the process for their own protection. This sort of "job drift" isn't uncommon, but it isn't very good practice to allow it to happen to the extent that someone's job becomes an entirely different job! If you wish to remain in this role, the I think that it would be sensible to go with the flow, whilst keeping careful records (just in case) and seeing what happens. It may all turn out all right - but it's a bit early to tell.
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- 29-09-10, 01:38 PM #3
I don't think the TUPE is relevant to be honest. It does sound like a bit of a restructuring that isn't being handled especially well, but it doesn't sound as though the transfer over a year ago has anything to do with it.
If you don't get the job and they recruit someone new and make you redundant, then you could claim unfair dismissal on the grounds that there is not a genuine redundancy situation as it is the job you were already doing.
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- 29-09-10, 02:20 PM #4Engineer
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Hi, Today i have received the minutes, partly incorrect, it in contains the following
" he came across originally to fulfill the ** project, this is now comming to an end"
I was tupe'd over to continue doing what my previous company had the contract to do, which will is required and ongoing. It seems to me that i have been used for a set period then bye bye even though the duties still exist.
The whole thing stinks to me and not what i expected from this part of the public sector!
- 29-09-10, 05:50 PM #5
I think you have to be clear that it does not matter what the duties are and whether they are still needed - it is whether the job still exists. That is what is not clear here and what you need to question.
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