Redundancy or TUPE

[Frankthecat]

hi I am stuck in the middle and do not know what to do. My previous employers have insisted that my role was TUPE and my new employers that it was a redundancy situation and have not taken me on. I now find myself in a limbo and although I have had initial legal advice this has been limited and do not have the money to continue. As I have no income as no one is claiming to be my employer. I have been to CAB that have just confirmed my situation likewise I have spoken to ACAS that have advised me to make sure the situation is TUPE.

I have worked with my original employers for over 6 years and have run several schemes that were outsourced by the new employers who now have taken it in house. They are disputing the TUPE on the grounds that the role is fundamental different which although the area is larger the role and activities are the same.

Any advice would be great, unfortunately we do not have a law centre near us.

[ULA]

Sorry to hear about your situation but need to do some unravelling here and will need more information. However a starting place would be the initial legal advice you received what did they say to you?

[Frankthecat]

From initial information it looks like TUPE however to put a case together we are now talking about triple figures something I don't have.
The main argument that has been argued the fundamental activities are not them same. The fundamental activities as far as can be seen are to remain the same however the area is to become bigger. The case is complex.

Can I ask your help on another question if I was to put in an early conciliation form regarding TUPE and the organisations refusal to accept it would I put date of work from what was suppose to be transferred?

Thanks

[ULA]

If the transfer date is the last day that you worked then you have 3 months less a day in which to make your employment tribunal claim. If your initial legal advise was that it appeared to be TUPE then that would be the basis of your claim for which ACAS would start early reconciliation.

TUPE is quite complex anyway, I have dealt with TUPE related issues in the past so may be able to provide some limited guidance along the way if that helps.

[Frankthecat]

Thanks ULA for you response. I have spoken to ACAS again and have sent in conciliation forms we will have to wait and see. In your opinion how successful are conciliation?

[ULA]

According to the statistics just over 60% of early reconciliation cases do not progress to an Employment Tribunal claim, however this will be dependent on the complexity of the case and whether it is very clear based on the facts that one party is highly likely to lose if the case did go to Tribunal.

The first hurdle to get over is that the respondent will engage with the process so hopefully you will find out about that soon.

Let us know how you get on and happy to try and help if you have any questions along the way.

[Frankthecat]

Hi well, I have been too early conciliation and no one wanted to talk both decided they were right. I have been using legal advice who now is saying he is not sure about the case and the bill just keeps going up and I can no longer afford to ask questions. I have absolutely nothing to show for the money. So I will have to go it alone. I have about a week left so any help is much appreciated.

[ULA]

When you say no-one wanted to talk was that both your previous and new employer?

Who was providing your legal advice and what was their basis for initially taking the case and then now him not being sure that there is a case to proceed with?

Some employment solicitors do provide an initial half hour free phone call or meeting have you researched whether there are any in your local area or a bit further afield if they are happy to do an initial phone call? They may at least provide an initial view as to whether this is a TUPE situation and upon what basis you may be able to make a claim even if you then continue on your own with the possibility of some LegalBeagles help.

[Nomoneynoproblem]

Hi

Out of interest did you receive a redundancy and if so who paid it. Secondly, did you not have any consultation meetings with your previous employer prior to the transfer. What was discussed at the said meetings if any did take place. It is not unusal for redundancy to take place prior to a tupe transfer or post tupe however, both the old and new employer should have followed the guidelines laid down under the TUPE Regsulations.

Regards

NMNP