Reapplying for same role under TUPE.

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    WPW2W WPW2W is offline Junior Member
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    Default Reapplying for same role under TUPE.

    Hi All,
    Any advice would be very much appreciated.

    I'll keep it simple.

    I have worked for company A for 1 year. Company A lost contract, Company B won contract so I TUPEd to company B. All employees (TUPE in staff and existing staff) are to reapply for relevant roles as there is a huge surplus of staff. Some are completely new roles whereas some, specifically mine, are an exact match. So to clarify, the job description for my role at company A is an exact match for my role at company B.
    I had my interview today and it went 'ok', but am aware that out of 9 available vacancies for my role there are only 7 applicants. If my interview did not meet criteria (even though my performance at company A is above standard and I have no sickness / disciplinary history) would company B be able to make me redundant and advertise this vacancy externally? I don't think the company would find enough suitable candidates for my role internally.
    If there were surplus staff for this role I would understand if I was made redundant but because there is a need for my role surely that would mean redundancy by it's very definition wouldn't apply?

    Thanks in advance for any help.

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    SarEl SarEl is offline Expert Advisor
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    Possibly - but until it happens and without an explanation for it happening this way, I am afraid that I have to go with my ususal response - "the crystal ball is out of commission, please come back when something has actually happened". Sorry - but what if's do not cut law, only facts. Find out what happens, and if you do not get a job ask why - then come back - OK???


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    WPW2W WPW2W is offline Junior Member
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    Thanks for your previous reply, I have taken your advice and waited untill something has actually happened!

    -7 applicants applied for the 9 available jobs (3 of whom where already doing the role) and two were successful.
    -The other 4 people (myself included) have been given notice of redundancy on the basis of not hitting the required benchmark during the interview process.
    -These jobs are now advertised internal and external vacancies.

    To date I have not had specific interview feedback. I have asked about the situation regarding my redundancy, as the job role isnt redundant, and was told that I didnt meet the company benchmark for my role. I dont know if it is relevant but I have the ability to prove I have no sickness, disciplinary and consistent over performance against target.

    Thanks in advance for any support you can give me.

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    WPW2W WPW2W is offline Junior Member
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    I also forgot to mention that this 'notice' of redundancy should be 90 days as this is a large national company making several hundred redundancies.
    This 'notice' of redundancy was given by saying that I am 'at risk', in writing on a document which I have signed, of which I have not been given a copy.
    I have not been told directly, "You are being made redundant". In hindsight, Im not sure if I have been consulted with or notified!!

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    Ok, what you need to do now is appeal. You should base the appeal on the fact that this is the exact job that you have done before the TUPE and after the TUPE, that there were only 7 applicants for 9 posts and you have no performance or other issues to negatively inpact on the assessment, and since you have been successfully doing the job for XX years then you cosndier this an unfair selection for redundancy.


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