Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[bertiecbx550]

As you good folk know i work as a night shift security guard on a retail park...Now i was told tonight by a colleague that we will all recieve a letter from our new company telling us that we are being made redundant from our positions of retail park monitors as this position does not exsist in the new company and we will be called facilites support assistants(i think) and we will all have to reapply for our jobs and undergo 2 interviews.1 with the contract manger and 1 with our area supervisor..This worries me a little as i thought we where all protected under TUPE when the contract changed companies and now i might lose my job if i fail the interviews....Any ideas or avenues i could pursue? :-/

[cam2502]

Similar thing happened to a pal of mine, just the one interview for him, doing exactly the same job, for the same hours and pay. He retained his job, the same jib he had done for over 6 years.
Wonder if its a company scam to get rid of undesirables without any hassle?

[jereboam]

The f***wit manager who engineered my dismissal by way of "redundancy" was later made to re-apply for his job, as were all managers within the company.  I'm delighted to say he was the only one who didn't get his job back.     Unfortunately, it didn't get me my job back either, but I wouldn't have taken it anyway. 

I appreciate that this doesn't help you very much.  This "re-apply" game seems to be getting more common these days.  Although I've never experienced it myself, from what I've seen and heard, it seems to be a "musical chairs" affair.  It's a way of getting rid of the deadwood by reducing the number of jobs on those occasions when, for whatever reason, they can't use a normal redundancy or disciplinary procedure .  If they do it this way, they can actually increase the number of jobs and bring in new or better people.

It's a bit like being chased by a bear - you don't need to run faster than the bear, you just need to run faster than the bloke next to you.  So if there are some clowns on your team who aren't doing their job properly, you've got nothing to worry about.  On the other hand, if you've specialised in seeing how far you can push your boss (and your luck), I'd start looking for another billet now.

[Kevin Wood]

I would take this letter down to your local CAB and see what they say, TBH.

They can only make you redundant if the position genuinely no longer exists and even then there are requirements which must be met.

Simply "renaming" your position is not enough, IMHO.

No doubt you will be successful at applying for your own job back, but they'll renegotiate the contract in their favour so expect more hours, less holiday and less money.

Kevin

[ScottieMV6]

Sorry to hear about the trouble you are having. My Dad went through TUPE about a year ago. Old company lost a contract and tried to TUPE him to new contractor, new contractor didn't need him so refused TUPE and old company just turned him away without any redundancy!

Anyway, unfortunately I think you may find that they will get away with this. The new company are not allowed to dismiss or make redundant anyone transferred under TUPE unless there is an economic, technical or organisational reason for it.

You could go to tribunal but that could take up to a year and they will probably be able to prove one of the reasons above even if it is b***s*** :-/ :-/ :-/

[Allenm]

As you good folk know i work as a night shift security guard on a retail park...Now i was told tonight by a colleague that we will all recieve a letter from our new company telling us that we are being made redundant from our positions of retail park monitors as this position does not exsist in the new company and we will be called facilites support assistants(i think) and we will all have to reapply for our jobs and undergo 2 interviews.1 with the contract manger and 1 with our area supervisor..This worries me a little as i thought we where all protected under TUPE when the contract changed companies and now i might lose my job if i fail the interviews....Any ideas or avenues i could pursue? :-/

This needs a little more investigation.  If the new company are taking over an existing contract and the service you are performing (whatever it is called) is being continued, then TUPE will apply to you.  This means very little in reality, because just as they can with anyone, they can immediately make you redundant on Economic, Technical or Organisation (ETO) grounds.  What the letter sounds like is that there will be less positions that you fill than there are today, you are therefore being put into a pool where a (defined and published) evaluation criteria will be used to asses the best people for the position.  If the job is really something different then this a re-deployment interview and the criteria for selection is the same for any other type of job interview.

TUPE only gets you on the payroll of the new company on the same terms and conditions, if they then change things, the remedies are as normal i.e unfair selection etc.

Can't be much more help without the full facts

cheers

[bertiecbx550]

Ok i`ve had the letter off the management asking me to attend a meeting to discuss the role change and to input my views as they have put it...Funny how the meeting is the last working day of the month for us next week and coincides with payday as well....Or am i being cynical???