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Thread: Employment advice

  1. #1
    Regular Member steveked's Avatar
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    Default Employment advice

    Hi guys,

    Bad start to the week for me today , Gets into work (i work as an IT support engineer) to be hauled infront of the directors and told they are outsourcing our jobs and to go home on a months "gardening leave" to await a settlement later on this week. I've worked there 3.5 years , what i want to know is were i stand? do we have any employment guru's on here who can help me out? I've heard of TUPE regulations and i know that effectively I can reject any settlement in favor of moving my contract over to the Outsourcing company but I dont fancy that much as they obviously dont want me/us.

    I'm gonna phone the CAB and see what they can tell me but any advice would be appreciated.

    Aint life peachy sometimes?

    cheers guys

  2. #2
    On a Sabbatical VauxVeteran's Avatar
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    Are you on a contract or just employed?

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    Regular Member steveked's Avatar
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    full time contract (4 week notice period)

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    On a Sabbatical VauxVeteran's Avatar
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    I'm not 100%, but I think that screws you tbh, it's like being a footballer, they sign you up for a period and once it's over they have the option to keep you or release you, as indeed you would have had if you had wanted to leave at the end of it, sadly this will be happening more and more as firms lose their local workforce and replace them with migrants from other countries who will work for less, it's accountants screwing us again, I don't know what will happen once they've driven wages to a minimum and we all can't afford to live anymore, we don't get the benefits these ppl get, if you've been housed for free you can afford to work for £200 a week, but me with a mortgage cannot, it's starting to become a merry go round, soon Asia will be Britain, Britain will be Spain, I think I'll go buy half of Romania for the price of a 98 Mondeo and turn it around out there.

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    Regular Member stusdc's Avatar
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    Quote Originally Posted by VauxVeteran View Post
    I think I'll go buy half of Romania for the price of a 98 Mondeo and turn it around out there.
    Let me know when you're off, i'll go halfers!!!! (i'll even bring the beers)

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    Regular Member john_k_sri's Avatar
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    Default

    VV's spot on. It's hire and fire, and IT's notorious for it, (I worked in IT for 20 years), even more so when companies are taken over, and the IT services of several 'merged' companies are rationalized. Employers will have a field day with the ready pool of cheap(er) immigrant/offshore labour facilitated by his Blairness

    Even Spain now puts us to shame in terms of employment law. Forget the published figures........lies, damn lies and statistics. We should have started looking at our global competetiveness many moons ago. IMO GB cares not a jot whose career he destroys in order to give the impression of a healthy economy.

    Glad I am not young/starting out on working life......things can only get worse

    I feel quite strongly about this....I teach adults, and this government has decided that Adult Education is no longer a priority and has savaged funding for it.
    Last edited by john_k_sri; 13th August 2007 at 11:22. Reason: amendments

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    Regular Member steveked's Avatar
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    I think you may have got the wrong end of the stick chaps , i'm a full time employee , not a contract worker. this being the case they cant just get rid as it would be constructive dismisal hence the reason they are working out an acceptable settlement for me i.e not the usual statutary redundancy. after speaking with the CAB and their employment bod they reckon i'm in a strong position as my job is not being made redundant so they will have to offer something that i accept and sign saying i wont take them to a tribunal , effectively volentary redundancy with a big pay off , she reckons about 6 months salary is usually the benchmark norm . I have been told not to accept their offer when it comes but to get it all broke down into writing and take it to them to look through or alternatively a solicitor. Or I dont have to accept anything and my contract will have to be honoured by the company coming in to do our jobs under TUPE regulations.

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    Regular Member john_k_sri's Avatar
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    Default

    Thanks for the clarification. Hope you get yourself a good deal. Good deals used to be the norm not so long back.

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    Steve, to start with here is a cos you most likely need one.

    I am afraid that TUPE does not apply to you as this regulation is for a company taking over another company and the current staff, it is not connected with outsourcing your work.

    If you do move to the other outsourcing company, your current employer will still have to pay you redunancy and if you look on this link it will let you know what you are entilited to get, although I hope that your current employer pays you more. Also if you move to the new company it will be a brand new contract and will be like starting a new job, with a possible probation period and short notice periods as well.

    I hope this is of some help
    Last edited by Mrs GSi; 13th August 2007 at 14:52.

  10. #10
    Regular Member steveked's Avatar
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    I dont think its as clear cut as that mrs GSI or at least i hope not , TUPE refers to the following apparantly -

    In what situations does TUPE apply?

    By way of broad guidance TUPE has been found to apply to:

    mergers
    sales of a businesses by sale of assets
    a change of licensee or franchisee
    the gift of a business through the execution of a will
    contracting out of services
    changing contractors

    where all or part of a sole trader's business or partnership is sold or otherwise transferred.

    I come under one of the red ones in which case it does apply

    time will tell , i find out on friday

    p.s thanks for the hugs your not wrong i do need em

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