Changes to job description and contract after TUPE question.

[ULA]

Do you have a copy of what you believe is your job description? If so then I suggest that you send this to whomever you had the meeting with to explain that the job description presented at the meeting is different from the one you are working to which is attached and set out what those differences are.

[UKTECH]

No I have the same as them which is the one in my personnel folder. Is the onus on the employer to show why my role should be made redundant or myself. Surley its the employer?

[UKTECH]

My original job description is missing

[ULA]

It is for the employer to demonstrate that a redundancy is genuine and the process followed is fair and reasonable. They must be able to show that your role is no longer needed and provide a clear business rationale e.g. restructuring, cost cutting or technology changes.

I cannot really comment on a missing job description which seems to be different from the one held on your personnel file.

[UKTECH]

In my last meeting i handed over 1300 emails and over 800 phone calls asking for jobs to be done related to my job role but they are pushing on regardless. They are claiming there is only enough work for 1 day a week! I recieve emails and phone calls daily for requests related to my role. Would this be enough to convince a judge at a tribunal this is unfair dismissal?

Also someone in a junior role had left the company rather than offer the post to me they are waiting till ive recieved my redudancy before advertising!

[UKTECH]

As i said before there is no job logging of my daily tasks or ad hocs jobs i recieve daily. I have presented the data to them which show my role is needed but they are still pushing on. They have no data about the jobs I do just a opinion.

[ULA]

You may have handed over that many emails and phone calls however you do not say in your post over what time period they were related to which of course will be a factor.

Do you know for sure they are going to be recruiting onto the junior role?

[UKTECH]

The logs were over the past 152 work days meaning a average of 9 emails a day and 6 phone calls a day asking for support.

yes the role is admin role below my paygrade and well within my abilities but it will be advertised once ive been dismissed via redundancy so they dont have to give me a 4 week trial period of offer me the job!

[ULA]

In terms of a redundancy consultation if alternative roles are available then they should be offered even if they may be a lower level job. Have you asked about this role in your consultation process?

[UKTECH]

ULA

They wont advertise the role until I have left so they don't have to offer me the postion.

[ULA]

This may put into question how fair and reasonable any consultation process was.

[UKTECH]

If I didn't consent or made aware my job description has been changed how can this be a fair redundancy? Wouldn't completely giving me a new job description without consenting be me a breach of contract and term and conditions?

The job description on my file is the wrong job description and pay grade. Seen as the job description is the wrong paygrade and job title ive never carried out some of the roles and duties listed. They also dont have my original job description which was agreed by both parties on commencement of employment.

How can this be a fair redundancy process and this significantly incorrect job description be applied to my role and therefore make the employee involved redundant?

[ULA]

Have you taken advice from your union?

Where stage of the process are you at now?

[UKTECH]

Hello, should my redundancy be calculated on the old redudancy payout scheme before i was tuped over? This would entitle me to an extra 2 months pay. Rather than the new company policy?

[UKTECH]

Im still waiting for my official notice.

under my old redundancy policy i would be entitled to an additional 2 months notice pay but this isn't part of of my previous contract. Am I entitled to this having tuped to the new company? The additional 2 months wasnt discretionary under my old employer.