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Help on TUPE needed

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  • Help on TUPE needed

    Hello
    I need some advice on TUPE legislation.
    I support the telecom systems on site at my company premises and they going through the process of
    moving all the telecom systems to the cloud and have the hardware and software supported by a external managed service provider. They also want what's left of my role(setting up call and email routing) to be managed by the call centre effectively rendering my position redundant. The signing of the contracts with the external companies is imminent and yet they will not declare how this will affect my role. To simply put it they are needing me around to help them migrate to this new system in the cloud and help me put myself out of a job. They are being very cagey about it and if I ask if this falls under TUPE they say oh well it's hosted not outsourced which isn't accurate. Any emails I send are responded to verbally and they can't commit to any answers. We all know what is going to happen but nothing is made official. I wondered if the company has to transfer me to the other company under TUPE or not. The confusion lies in that they are giving part of my role to an external company and most likely the rest of it to the call centre team managers. Any guidance would be much appreciated

    Thanks
    Last edited by Spacehopper; 26th April 2014, 13:20:PM. Reason: Grammar error
    Tags: None

  • #2
    Re: Help on TUPE needed

    My first impression is that this has little to do with TUPE which exists to protect employment when business is sold, department outsouced etc.

    To be honest, TUPE itself is not great as it excludes pensions and eventually conditions often get worse anyway.

    Your best option would be to eagerly look for a new job. Sounds like your redundancy is going to be inevitable, that's by judging what you have posted.

    Your other option would be try to negotiate. Your employer obviously needs you right now. Demand to have a meeting, accompanied by a union rep if you are a member. Ask the relevant questions and demand answers in writing. If you could negotiate a deal that would commit you to complete the project on condition that should there be a redundancy, say, within 18 months of the compketion the company would pay you six months salary top of any statutory oayments. This agreement should be in writing and ideally be drafted by solicitors. The company would also agree to pay the legal fees.

    If you do that you will soon have some answers.

    Comment

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