Offered TUPE instead of redundancy

[ULA]

If you have raised an informal grievance that has not been dealt with and you feel that it has relevance to the redundancy process then you do have the option to raise this again.

As stated in several of my posts I think your situation will depend on whether or not the majority of the work that you did prior to the TUPE transfer was directly related to the activities that were outsourced in which case you should have been transferred across.

However under changes to TUPE law you could be made redundant before the handover, i.e. the new organisation can decide it doesn’t need all of the staff from the existing organisation and redundancy consultation will then take place with the existing organisation. For this not to be unfair there needs to be “an economic, technical or organisation reason entailing changes in the workforce”. I am wondering if your redundancy on this basis has been delayed due to COVID.

[Roberto154]

Yes it has been delayed due to COVID, does this help on any way at all for my case?

i think I could argue the fact that my duties could be carried across, it’s a matter of opinion though.

With the grievance, mentioning this now will it bring up the possibility of a settlement agreement being enhanced from the notational one documented?

thanks

[Roberto154]

Also, the majority of my duties went when my team of 4 in 3 different locations were TUPE'd over. So, I would say 75% of my job went across without me.

[ULA]

It may help - if your company wanted to make your position redundant on the basis you were not transferring, potentially they should have done so before the handover to the new company and it should be for an economic, technical or organisation reason. These are just my thoughts and TUPE is not straight forward.

There may be a possibility of trying to see if you can get a SA if you take my above comment and the grievance issue combined. If you came to an SA agreement you would give up your rights to make an employment tribunal claim which means they would have an assurance the matter could not be taken further.

[Roberto154]

Also, the majority of my duties went when my team of 4 in 3 different locations were TUPE'd over. So, I would say 75% of my job went across without me.

I requested a SA but it was turned down on the basis of them saying that they had conducted everything correctly so no SA would be discussed.
My final consultation meeting is looming and at what point do I mention I will take this further on the basis of unfair dismissal, TUPE issue, Grievance unresolved and ignored since March?
Should I re-raise grievance before the final consultation or wait for a solicitor to take this on?
thanks

[ULA]

So potentially you have the following options:

1. At you final consultation meeting explain your reasons so that it is on record, as to why you believe that your dismissal by way of redundancy is unfair. Is the grievance issue directly relevant to the redundancy situation?
2. Although not a legal requirement most employers follow good practice and allow someone to appeal the decision after the final consultation process and your argument would be an unfair dismissal.
3. If any appeal was not upheld then you would have to consider making an employment tribunal claim which would be by way initially of ACAS and their Early Conciliation process details of which are in the link below:

https://www.acas.org.uk/early-concil...iliation-works

[Roberto154]

Grievance not associated with this redundancy protest, I raised the informal grievance just before we went into lockdown.

[ULA]

Thank you for clarification on this I was just wondering if it would have any bearing on reasons for why dismissal by way of redundancy is unfair.

[Roberto154]

When does notice period start from, from the day you're told that your job has been put 'at risk' or when your last day is confirmed? Seems some confusion on this.

[ULA]

Notice of redundancy can only be given once the employer has finished consulting with you. You should the be given in writing the following information:

• your notice period
• leaving date
• how much redundancy pay you are due
• how your employer calculated the redundancy pay
• any other pay owed to you e.g. accrued but untaken holiday pay
• when and how you will be paid
• how you can appeal - although this is not a legal requirement, good practice advises company's to include an appeals process

[Roberto154]

thank you.
So, final meeting today and I'm on 3 months notice period but finishing up in 2 weeks (Employer request), does this mean I'll get 10 weeks PILON?
regards

[ULA]

If your contractual notice is 3 months and they have only asked you to work 2 weeks of the notice the rest of your notice should be paid as pay in lieu of notice

[Roberto154]

What does this mean in respect of a grievance being put forward?


‘you may have a whistleblowing claim (however, it would need to meet the threshold of being a protected disclosure which was made in the public interest, amongst other criteria.)

[ULA]

You are a whistleblower if you’re a worker and you report certain types of wrong doings by the company. This will usually be something you’ve seen at work - though not always. The wrongdoing you disclose must be in the public interest, which means it must affect others e.g. the general public.

As a whistleblower you’re protected by law - you should not be treated unfairly if you lose your job because you ‘blow the whistle’. A whistleblowing claim relates to:

• a criminal offence, for example fraud
• someone’s health and safety is in danger
• risk or actual damage to the environment
• a miscarriage of justice
• the company is breaking the law, for example does not have the right insurance
• you believe someone is covering up wrongdoing