My role is been outsourced but im been made redundant no tup
Discussion
Hi,
Ive been in my role 15 years im the only person who does anything related to my role in the entire company. 2 years ago our company was bought out and i was tuped over to the new company. The new company has several other offices and my role in them offices and done by an external contractor.
Ive been told my role will be outsourced to the company who perform my role in the other offices and im been made redundant. Im not been offered tupe.
If they are making me redundant then surley my role does not exist to be outsourced? Also they cant use make me redudant do to anything related to the tupe transfer from the old company to this one surley a pre exsiting agreement with a contractor would include this?
Ive been in my role 15 years im the only person who does anything related to my role in the entire company. 2 years ago our company was bought out and i was tuped over to the new company. The new company has several other offices and my role in them offices and done by an external contractor.
Ive been told my role will be outsourced to the company who perform my role in the other offices and im been made redundant. Im not been offered tupe.
If they are making me redundant then surley my role does not exist to be outsourced? Also they cant use make me redudant do to anything related to the tupe transfer from the old company to this one surley a pre exsiting agreement with a contractor would include this?
CraigNewmarket said:
Hi,
Ive been in my role 15 years im the only person who does anything related to my role in the entire company. 2 years ago our company was bought out and i was tuped over to the new company. The new company has several other offices and my role in them offices and done by an external contractor.
Ive been told my role will be outsourced to the company who perform my role in the other offices and im been made redundant. Im not been offered tupe.
If they are making me redundant then surley my role does not exist to be outsourced? Also they cant use make me redudant do to anything related to the tupe transfer from the old company to this one surley a pre exsiting agreement with a contractor would include this?
Your role will no longer exist in your current company as it is being outsourced. You can be made redundant.Ive been in my role 15 years im the only person who does anything related to my role in the entire company. 2 years ago our company was bought out and i was tuped over to the new company. The new company has several other offices and my role in them offices and done by an external contractor.
Ive been told my role will be outsourced to the company who perform my role in the other offices and im been made redundant. Im not been offered tupe.
If they are making me redundant then surley my role does not exist to be outsourced? Also they cant use make me redudant do to anything related to the tupe transfer from the old company to this one surley a pre exsiting agreement with a contractor would include this?
Most B2B contracts which involve TUPE adds protections to the previous employer for future redundancies. Your new company that you TUPE'd too can make you redundant, but they still need to go through the usual process and your time served will be based off 15 years service, not 2.
Ollerton57 said:
Your role will no longer exist in your current company as it is being outsourced. You can be made redundant.
Most B2B contracts which involve TUPE adds protections to the previous employer for future redundancies. Your new company that you TUPE'd too can make you redundant, but they still need to go through the usual process and your time served will be based off 15 years service, not 2.
Thankyou for your reply, looking into it wonder if im entitled to TUPE to the new company under change of service provision?Most B2B contracts which involve TUPE adds protections to the previous employer for future redundancies. Your new company that you TUPE'd too can make you redundant, but they still need to go through the usual process and your time served will be based off 15 years service, not 2.
It is possible that since you are not a member of a department being wholly outsourced, but, just a single employee (albeit the only one doing the job) that it is not eligible for TUPE.
Have you considered talking to the firm providing the outsourcing to see whether you fit their requirements, and take the 15 years worth of redundancy?
Have you considered talking to the firm providing the outsourcing to see whether you fit their requirements, and take the 15 years worth of redundancy?
Rough101 said:
If your role exists, my understanding is that they need to TUPE you to the service provider, unless it s being offshored.
That depends, the legislation does appear to have some get outs.Section 3) para 1b would indicate it is included, however para 3.a.ii may give the get out.
TUPE_Legislation said:
3. The conditions referred to in paragraph (1)(b) are that—
(a)immediately before the service provision change—
(ii)the client intends that the activities will, following the service provision change, be carried out by the transferee other than in connection with a single specific event or task of short-term duration
That could be interpreted to mean that if the company has no intention that the activities will be carried out by the OP it does not apply.(a)immediately before the service provision change—
(ii)the client intends that the activities will, following the service provision change, be carried out by the transferee other than in connection with a single specific event or task of short-term duration
Not been on for a while hence untimely response but hope you've managed to find some answers.
To cut a long story short, I work in IT and have no HR / Legal skills so ask those that do when required. We used to host, manage, maintain and support a large business application on our on-premise infrastructure. Part of our strategy was to buy a hosted solution from the vendor as it would significantly reduce our operating costs as you essentially just pay the annual bill for the service which when you look at the total cost of ownership, was much cheaper as they do all the maintenance. upgrades etc.
HR referred me to Legal as if more than a certain percent of a role is being allocated elsewhere, then Tupe must be offered. I was a bit perplexed as I didn't see how a large and well known software company could be forced to take on a member of my staff just because I'm buying a service from them. Well it turns out it is true and as you suggest, captured under the service provision change. On this occasion it failed other tests, but the fact it had to be put to the test would suggest your case does also.
To cut a long story short, I work in IT and have no HR / Legal skills so ask those that do when required. We used to host, manage, maintain and support a large business application on our on-premise infrastructure. Part of our strategy was to buy a hosted solution from the vendor as it would significantly reduce our operating costs as you essentially just pay the annual bill for the service which when you look at the total cost of ownership, was much cheaper as they do all the maintenance. upgrades etc.
HR referred me to Legal as if more than a certain percent of a role is being allocated elsewhere, then Tupe must be offered. I was a bit perplexed as I didn't see how a large and well known software company could be forced to take on a member of my staff just because I'm buying a service from them. Well it turns out it is true and as you suggest, captured under the service provision change. On this occasion it failed other tests, but the fact it had to be put to the test would suggest your case does also.
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