New job now being outsourced - 3 months in - advice pls

[Colin_147]

Hi

I recently moved to a new position within a fairly large company. During the interview and offer of employment process I was not informed that there was a strong possibility that the company would be outsourcing their IT. I now find out, after only 3 months of employment, that my position will be moving to an IT services company, and there is no guarantee my position will be taken on in the new organisation.

I was just wondering if I have a legal case here? I most certainly would not have moved from a secure position I had held for almost 5 years had I known the situation.

Any thoughts or questions welcome, and any advice greatly appreciated

[davepoth]

This is going to be a complicated one. You have not served long enough for an employment tribunal, but I'm wondering whether you could sue them for misrepresenting the job. I'd be very surprised if they weren't considering outsourcing when they employed you - but then it would be odd to employ someone new in that situation I would think.

[Colin_147]

On the first day of the job the others guy in the team said to me "you do know we are being outsourced, right?" I immediately called the agent and spoke to my manager but was told my position was not affected. All word of mouth, of course but the fact is I wasnt told

[zippy3x]

Forget about going legal - concentrate on finding a new job.

The good news is that now is just about the best time of year to be looking. You will probably only have a weeks notice in your probationary period, so that will give you an advantage with potential new employers.

[Colin_147]

zippy3x said:

Forget about going legal - concentrate on finding a new job.

The good news is that now is just about the best time of year to be looking. You will probably only have a weeks notice in your probationary period, so that will give you an advantage with potential new employers.

I am doing just that! I am just peeved at the way my boss has handled it tbh.

[Kudos]

would you not wait and see if they take you on? I'd have thought they had to - TUPE and all that? So, they take you on on the same terms. If you don't like it, then move on?

[Colin_147]

Kudos said:

would you not wait and see if they take you on? I'd have thought they had to - TUPE and all that? So, they take you on on the same terms. If you don't like it, then move on?

This is pretty much where I am at. Yes, I am still in a job but I came to work for this company, not an IT services firm. And this means I will lose some decent additional benefits that would have pushed my salary up, and a final salary pension. Benefits like this I took into account when moving jobs, now I will be worse off financially

[Andy OH]

Colin_147 said:

This is pretty much where I am at. Yes, I am still in a job but I came to work for this company, not an IT services firm. And this means I will lose some decent additional benefits that would have pushed my salary up, and a final salary pension. Benefits like this I took into account when moving jobs, now I will be worse off financially

I can understand why you are pretty pd off.

However, a company doesn't just make a decision overnight to outsource a function, this would have been planned for quite some time. What has your recruitment agent had to say about this or is he sitting back and counting his commission . Have you had a chat with your line manager as to why they employed you when they must have known that the IT function would be outsourced and everyone's contract of employment would change to the new IT provider.

[AndyClockwise]

Shouldn't this outsourcing be covered by TUPE? That way you'll keep all of your existing benefits, although it won't alter the fact that you'll be working for a company you don't want to work for

[edc]

Irrespective of whether you have a legal case or not, what compensation do you think you would get? It isn't going to halt the TUPE process. If you quantify your loss versus the time and money spent pursuing it then it might not be worth the effort. On a separate note, you might not lose the final salary pension but TUPE doesn't oblige the transferee to provide the same or any final salary pension. Honest answer though, I would be surprised if you did keep a final salary.

[stewies_minion]

AndyClockwise said:

Shouldn't this outsourcing be covered by TUPE? That way you'll keep all of your existing benefits, although it won't alter the fact that you'll be working for a company you don't want to work for

What he said. I'd be very surprised if you didn't TUPE across to st & Sons IT company.

Sounds like a really rank situation for you OP. Get back out and looking for a new role by the sounds of it. For the love of God, don't forget to get someone to pay for any certs / training you may need in the meantime. Feel free to kick up merry hell as you've been pooped on from a large height.

IT services companies are the root of all evil. Broadly speaking.

[DSM2]

If it is just the replacement of a service by buying in, and the not the sale of the whole business, TUPE wpuld be easy to get around.

In any case after only 3 months service it would be easy for either company to lose the employee, subject to the original SOP.