TUPE and redundancy

Hi all -

I was part of the initial group consultation that told us workers we were at risk of redundancy as the place of work is closing due to local budget cuts etc . A VR interest expression was submitted by me (local authority). I've been told by management on many occasions that I would get VR along with all other staff as the establishment is closing.

The problem:

At my one-to-one I was told that I was no longer at risk and would be TUPE'd. Here's why.

My job/their services are seconded to a third sector organisation. I'm told that even though my main work place is closing my position with the third sector organisation is safe therefore I will be TUPE'd. Can they do this? After reading many many pages online I 'think' my job is should still be with the seconder. I believe my secondment/renting out is not covered by TUPE as TUPE doesn't apply to "transfer of a contract to provide goods or services where this doesn't involve the transfer of a business or part of a business' Any opinions would be really welcome

Thanks

Lou

I disagree. TUPE can apply to individuals where the work that they do continues to exist but with another employer. There is substantial case law to support this view. So it is not that clear cut that TUPE does not apply. If you wish to challenege this then you will need to have legal advice on the detail - are you a union member?

I am, thank goodness, I'll be talking with an employment solicitor in the next week.. I know that my employers have no contract with the third party, it is based on a verbal agreement. 'IF' the third party decided tomorrow that they no longer required the Local Authority services then I would automatically revert to the Local Authority and by default be at risk/VR eligable with everyone else.... I've got long service and think this is a reason for the change in heart.. I feel they've let me down by not having all this laid out in a contract... I'm stuck between two organisations and neither of them want to be lumbered with my employment rights... grrrr thanks for the advice, I kind of know what to expect now

As I said it isn't clear cut and the details of this will matter. But you have no right to VR anyway - the local authority can insist on redeployment.

No I'm aware I have no right to VR, but I was told on numerous occasions that's what what was going to happen. We were told in the group consultation meeting this too, then for me they changed their minds. They've handled thing badly to say the least.

I'm quite sure they will redeploy me if the TUPE doesn't occur, although again, they've already told me that with the wide ranging cuts posts like mine simply don't exist within the authority. I'll just have to see what happens when I meet with Unison. Uncertain times I just want to know which path, legally, they can make me follow.. Thanks again