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Redundancy question

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  • Redundancy question

    I work as maintenance guy on a 40 hour a week contract at a hotel and have done so for four years; two with the previous owners and two with the new owners. The new owners have been buying other hotels each with their own maintenance crews. To cut costs, the new owners want to get rid of all maintenance crews from each hotel and then tender out the maintenance contract so that one external company will be responsible for maintenance of all the hotels. Would they legally be able to make me redundant and would it be seen as fair?

    There is also a lad who works with me who is one year into his two year apprentice course. Where would he stand if they tried to make him redundant?

    Thanks
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  • #2
    Re: Redundancy question

    I think this may be a case of a TUPE (Transfer of Undertakings Protection of Employment). This is on the basis a service such as maintenance services which has been done in-house is awarded to an external contractor.
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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    • #3
      Re: Redundancy question

      To help you to discover if TUPE would apply; ask your employers whether the service provided under the new contract would be essentially the same as the current situation.

      e.g. At your hotel, would the new maintenance company be providing 2 on site employees doing the same kind of hours and work as you and your current apprentice.
      In this case TUPE would apply and the effect on you would be to preserve your existing terms, continuity of service etc. just as if the name of your employer changed.

      If, instead, the new maintenance company would be providing the service in an entirely different way (e.g. sending out a fitter only as and when required/requested by the hotel) TUPE wouldn't apply and you would be facing redundancy at the time of the transfer to the new contractor.

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