Redundancy, two jobs on offer, one unobtainable

[Chridward]

May be me just having moan, but I don't feel easy about.
12 months ago, a large company bought the smaller company I work for.
A few months ago, I was asked to sign an agreement for the new terms and conditions to be implemented for Oct 14, and told by HR and Site Manager not to worry, there were to be no redundancies.
Myself and co-manager of our department were told yesterday that our roles were "at risk" of redundancy, but that there were two new roles on offer that we can apply for, that were to take over our responsibilities. One role that was very similar, and one role that has been determined as a more senior role to cover the activities of the department.
During the consultation meeting today, the discussion regarding the more senior role, it was becoming evident to both my witness and I, that there was little to no expectation, that either myself or my co-manager, would be considered for that role, and that it looked to be a head to head with my co-manager (a close friend of 24 years) for the lesser / current equivalent role.
I asked if consideration had been taken to train one of us, (with consideration to the 24 yrs experience we have with the company each )to take on the role, which was met with a response of it not being considered nor likely to be.
Am a little more than aggrieved with the situation at the moment, and may just be spouting off, but I cant help feeling I am about to get shafted.
Any thoughts would be most welcome.

[Tools]

Re: Redundancy, two jobs on offer, one unobtainable

Has redundancy pay been mentioned at all? With 24 years service that could be quite a hefty sum.

If you were to take redundancy, what possibilities are there of other employment and how old are you?

[Johnboy007]

Re: Redundancy, two jobs on offer, one unobtainable

When a company takes over another company, then employees existing terms and conditions also transfer to the new company.
You should have been made aware of this.
A contract of employment cannot be altered by a company, without the agreement of both parties.

TUPE protection
TUPE applies to employees of businesses in the UK.
The business could have its head office in another country, but the part of the business that’s transferring ownership must be in the UK.
The size of the business doesn’t matter.
When TUPE applies:

• the employees’ jobs usually transfer over to the new company - exceptions could be if they’re made redundant or in some cases where the business is insolvent
• their employment terms and conditions transfer
• continuity of employment is maintained

To find out if TUPE applies to your transfer, talk to Acas (the Advisory, Conciliation and Arbitration Service), Citizens Advice or, if you’re an employee, your trade union representative.
2. Consulting and informing

Before a transfer of ownership happens, employers must tell the trade union or employee representatives:

• that the transfer is happening, when it’s happening and why
• how the transfer will affect them
• whether there’ll be any reorganisation
• how many agency workers they’re using and what types of work they are doing

Employers can be penalised if they don’t do this.
3. Transfers of employment contracts

Under TUPE, the new employer takes over employees’ employment contracts, including:

• all the previous terms and conditions of employment
• any failures of the previous employer to observe employees’ rights (so employees could make a claim for discrimination against the new employer, even if it took place before the transfer)
• holiday entitlement
• period of continuous employment - an employee’s start date is the same as before the transfer, so continuous employment isn’t broken
• any collective agreements previously made

It’s a breach of contract if the new employer doesn’t meet the terms of the employment contract
If an employee’s working conditions are significantly worse because of the transfer, they can object to the transfer, or resign and claim unfair dismissal.
TUPE regulations mean employees shouldn’t lose their existing employment rights.
Before the transfer

If the employer knows an employee is transferring to another company, they can’t normally change the employee’s terms and conditions to make them the same as those of the new company - even if the employee agrees to the change.
After the transfer

The new employer can’t change an employee’s terms and conditions if the reason is the transfer itself.
The new employer can change an employee’s terms and conditions if the reason is an ‘economic, technical or organisational reason’ (ETO) involving changes in the workforce or workplace, such as a result of redundancies or a move from a managerial to a non-managerial position. The employee needs to agree to this change.
‘Economic’ reasons are to do with how the company is performing.
‘Technical’ reasons are to do with the equipment or processes the company uses.
‘Organisational’ reasons are to do with the structure of the company.
Employers can make changes if the employee’s existing contract allows for those changes. But the transfer itself can’t be the reason for change.
See this link for more information………. https://www.gov.uk/transfers-takeovers/overview

[Johnboy007]

Re: Redundancy, two jobs on offer, one unobtainable

Double post..

[Chridward]

Re: Redundancy, two jobs on offer, one unobtainable

Redundancy pay has been mentioned, at statutory minimum amounting to around £10K.
I am 43 years old.
I have not been made aware of any other roles, than the two mentioned