Outsourcing abroad & being offered current position...
Discussion
My OH works for a very well known firm here in England. Specifically in the HR department. This department is being outsourced to a firm in India that already handles some of this firm's other departments.
My OH's employer is currently stating that she, along with the other employees in her department are not entitled to certain payments regarding being made redundant etc as they are being offered their current roles instead of redundancy. In India.
That can't be right, can it? If they were moving to the other end of this country I would say they're probably right, but halfway round the world?!
My OH's employer is currently stating that she, along with the other employees in her department are not entitled to certain payments regarding being made redundant etc as they are being offered their current roles instead of redundancy. In India.
That can't be right, can it? If they were moving to the other end of this country I would say they're probably right, but halfway round the world?!
I do this and it's not correct. The role is being made redundant in the current location. 20 miles ok, but not 10k miles. Really don't think this is correct though I'm in the business not HR. Speak to an employment lawyer.
Hopefully Breadvan will come along to add the legal view,
Mike
Hopefully Breadvan will come along to add the legal view,
Mike
She should call their bluff and accept the position in India. If necessary she should go to India (at least for a while). Assuming they'll honour her existing UK salary, she'll live live a Queen out there.
They obviously don't expect her to go to India, so it will p1ss them right off. My guess is she'll never get to go, and they will offer her proper redundancy.
They obviously don't expect her to go to India, so it will p1ss them right off. My guess is she'll never get to go, and they will offer her proper redundancy.
Centurion07 said:
My OH works for a very well known firm here in England. Specifically in the HR department. This department is being outsourced to a firm in India that already handles some of this firm's other departments.
My OH's employer is currently stating that she, along with the other employees in her department are not entitled to certain payments regarding being made redundant etc as they are being offered their current roles instead of redundancy. In India.
That can't be right, can it? If they were moving to the other end of this country I would say they're probably right, but halfway round the world?!
I would take my employer outsourcing HR to India as a clear signal to find new employment elsewhere, as the management have obviously vanished up their own arse.My OH's employer is currently stating that she, along with the other employees in her department are not entitled to certain payments regarding being made redundant etc as they are being offered their current roles instead of redundancy. In India.
That can't be right, can it? If they were moving to the other end of this country I would say they're probably right, but halfway round the world?!
Thanks all.
When I say HR, I'm not sure it's the full blown HR dept as opposed to a small section/offshoot of it; she deals with redundancy payment calculations & new employee admin so not really au fait with full-on HR 'issues' as it were. Certainly not whether or not the other side of the world would be classed as reasonable when being offered her current role.
She told me last night that for some reason (tax benefit to company?) that instead of a redundancy payment they will be paid an amount (in lieu of notice?), and because of that the company are not allowing them time off for interviews as they're not receiving a "redundancy payment"? The terms seem to be changing on a daily basis!
I need to sit her down & get the exact details from her & then send her to a professional as I'm pretty sure companies have to allow employees time off for interviews, "redundancy" looming or not...
On top of all this, she's had to spend her own time filling out an annual appraisal form because they're too busy at work! She wouldn't write what I told her I would write under these circumstances!
When I say HR, I'm not sure it's the full blown HR dept as opposed to a small section/offshoot of it; she deals with redundancy payment calculations & new employee admin so not really au fait with full-on HR 'issues' as it were. Certainly not whether or not the other side of the world would be classed as reasonable when being offered her current role.
She told me last night that for some reason (tax benefit to company?) that instead of a redundancy payment they will be paid an amount (in lieu of notice?), and because of that the company are not allowing them time off for interviews as they're not receiving a "redundancy payment"? The terms seem to be changing on a daily basis!
I need to sit her down & get the exact details from her & then send her to a professional as I'm pretty sure companies have to allow employees time off for interviews, "redundancy" looming or not...
On top of all this, she's had to spend her own time filling out an annual appraisal form because they're too busy at work! She wouldn't write what I told her I would write under these circumstances!
Countdown said:
Strange.
Redundancy is free of tax and NIC up to £30k. PILONS usually aren't so I'm not sure how they'd be better off
Sounds like they are not doing a compromise agreement at all and trying to not help staff via a consultation period with interviews.Redundancy is free of tax and NIC up to £30k. PILONS usually aren't so I'm not sure how they'd be better off
Seems like they are trying to do a loophole some how and claiming its just a wage and letting the staff get taxed on it when they shouldnt.
Centurion07 said:
Thanks all.
When I say HR, I'm not sure it's the full blown HR dept as opposed to a small section/offshoot of it; she deals with redundancy payment calculations & new employee admin so not really au fait with full-on HR 'issues' as it were. Certainly not whether or not the other side of the world would be classed as reasonable when being offered her current role.
She told me last night that for some reason (tax benefit to company?) that instead of a redundancy payment they will be paid an amount (in lieu of notice?), and because of that the company are not allowing them time off for interviews as they're not receiving a "redundancy payment"? The terms seem to be changing on a daily basis!
I need to sit her down & get the exact details from her & then send her to a professional as I'm pretty sure companies have to allow employees time off for interviews, "redundancy" looming or not...
On top of all this, she's had to spend her own time filling out an annual appraisal form because they're too busy at work! She wouldn't write what I told her I would write under these circumstances!
Without the full facts, it seems like the company has taken a very blinkered approach. There is no redundancy payment due as the company does not deem this situation to be one of redundancy, so ergo no redundancy payment. Possibly, and if the terms expressly allow it, the company will not force the employees to work their notice period. Again, further supposition, this position often arises where an employee will not transfer and is therefore deemed to have resigned, hence the no need to work your notice period. When I say HR, I'm not sure it's the full blown HR dept as opposed to a small section/offshoot of it; she deals with redundancy payment calculations & new employee admin so not really au fait with full-on HR 'issues' as it were. Certainly not whether or not the other side of the world would be classed as reasonable when being offered her current role.
She told me last night that for some reason (tax benefit to company?) that instead of a redundancy payment they will be paid an amount (in lieu of notice?), and because of that the company are not allowing them time off for interviews as they're not receiving a "redundancy payment"? The terms seem to be changing on a daily basis!
I need to sit her down & get the exact details from her & then send her to a professional as I'm pretty sure companies have to allow employees time off for interviews, "redundancy" looming or not...
On top of all this, she's had to spend her own time filling out an annual appraisal form because they're too busy at work! She wouldn't write what I told her I would write under these circumstances!
With regards time off for interviews, there is no automatic right to time off. In a redundancy situation, the company is obliged to give an employee who has been notified of redundancy reasonable time off. However, if this company are not treating this as a redundancy situation then they are expecting employees to book holiday to attend interviews.
For this level of role it is quite unreasonable to expect or even have terms for mobility in these ways. It can be fully understandable for 'senior' roles where such international assignments are part of your career path.
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