the 90 day period and thereafter

I work in the public sector and on October 1st last year a number of employees (self included) were TUPE'd over to a private company. This company agreed to a 10-year guarantee that TUPE'd employees would have the same pay and conditions and that there would be no redunancies. We were told that there would be some redeployments, because some jobs would no longer exist (I think this is called redundant).

I was put in the redeployment pool by the public service I worked for before staring with the private company. When I started with them I was told I was in the redeployment pool. In December last year I received a new contract and this reinforced the 10-year guarantee of pay and conditions.

I am still in the redeployment pool.

My understanding was that something would happen if after 90 days I had not been found a new post. I am still in the post that apparently no longer exists.

I was asked to cover a job on a temporary basis, which did not suit my medical circumstances. Nor was it, in my opinion, of a similar status. As a result I was not used in that capacity. I expressed an interest in a similar post to mine, however because of the work I was doing in the job I do that apparently no longer exists, I was unable to go for the interviews. That post has now been filled.

I have not been offered any other posts and have not been invited for any discussions about what is happening.

Should anything have happened by now? It seems that by keeping my head down I am being overlooked, however at my salary I cannot see this company overlooking me for much longer.

One further point - I am a trainer of many years (with a Cert Ed). I have recently heard that people on lower grades than me who are in the redeployment pool will be offered PTTLS (Preparing To Teach in the Lifelong Sector) courses. This is a lesser qualification than the one I hold. The idea is that people who undetake that training will be used as 'trainers' - a post from which I have been redeployed.

I doubt there is an easy answer.

Thank you.

No, there isn't. And I doubt that there is a 10 year guarantee that is legally enforceable either! A company cannot even promise to still be trading in 10 years, never mind project their employee resource requirements, and I sincerely doubt that there is as much stability in your position as you appear to think. And I suspect that you have pretty much worked that out for yourself by now!

But other than trying to (nicely) hassle them along, or finding yourself something to apply for that suits, there really isn't much else you can do. They haven't been perverse about this - the job you did, for whatever reason, does not exist; they are still paying you; and (so far) they haven't broken the terms of the TUPE by trying to make you redundant. I am sure it is very frustrating for you, but it also could be a lot worse. But in the end you are not at risk, you are not on notice, and there is no prospect of you having no job (yet) - there isn't a legal position that deals with "being paid, not being sacked, but don't really have a proper job", I'm afraid.

Thank you for your reply.

You're right about things you said. I cannot see how the company can say that we are employed for 10 years and that everything is protected. That doesn't make economical sense. It's supposed to be a contractural agreement between the public service/authority by which I was employed and the company contracted to deliver the same back-office work that anyone TUPE'd across will not be made redundant. That is some promise.

I am concerned about how long this can go on for as it is rather stressful wondering whether I will be in the same job, the same type of work, or even in any job this time next week.

Because the company has reduced the number of posts across most departments, the redeployment pool is now quite large. So, in essence the number of jobs that existed has been cut. Where will all of us be redeployed to?

I have only worked for the company since Oct last year, and my continuous service is vaild back only to Feb 2005, so voluntary redundancy will not get me much. Is there any particular benefit in me approaching them and asking about an early retirement or severabce package? (I'm a 61 year-old male.)

Frustrating as it is, I would suggest that you ride it out and let the employer make any approaches. If they initiate it, it is likely to be on better terms than if you do. You aren't a fool, so you know the realities. They got themselves into this - so it is best to wait and see how they intend to get themselves out of it. If they have made promises they can't keep, they are facing a whole load of tribunal cases - win or loose that will cost them and they know it.

Your comments have been very helpful. I really appreciate them.