Opposite of TUPE problem

Submitted by veryworried on Fri, 17/06/2011 - 1:52pm

I work for a winning prime in the south I have been working on the ESF provision. So would't be eligable for TUPE on to the Work Programme.

If my company have to TUPE in FND staff from other providers. Does that mean that I have lost my job.

We have been told to expect redundancies. But surely in a head to head I should keep my job because I was here first.

Some colleagues are saying the TUPE staff will take preferance because they are TUPEable and we aren't.

Advice please

‹ Chris Grayling's comments in the Guardian Work Programme Go Live! ›
Submitted by blue-green on Fri, 17/06/2011 - 3:58pm.

Depends on the stance of your employer - whether they accept TUPE applies and whether they accept that TUPE is just about FND staff.

My understanding is that transferring TUPE eligible staff and existing staff with TUPE status (not ESF) take precedent over non TUPE eligible existing staff.

Submitted by maketherightchoice on Fri, 17/06/2011 - 4:08pm.

Hi Veryworried, to answer your question is not as simple as a yes or no. I think from reading your question, you are employed by a successful Prime of WP. This could mean that they may take on some Tupe employees as the new incummbant. Once the Tupe staff have commenced employment with your employer, they are employees, just like you are of that employer. Your employer may decide that they may have to make redundancies. If this is the case, and lets say your employer decides they have too many Advisors, then your employer may put all advisors under the threat of redundancy. This would include all Tupe'd advisors and existing present Advisors. This can apply to all roles, I only use the Advisor as an example. Unfortunately, it's NOT a case of "first in-last out" there are many, many factors that need to be taken into account when an organisation is going through the redundancy process, far to many factors for me to delve into here. Buf for example, length of service?, is there a pension? performance, sickness etc. I hope this helps you?

Submitted by stan.glide on Fri, 17/06/2011 - 7:21pm.

Its a double edged sword. It depends where your employer is in the TUPE process (assuming they accept TUPE applies). If they haven't started TUPE yet. You may be made redundant when the current provisions dry up. The TUPE staff will then fill the gaps you leave. In my view not good business sense (no continuity).

If they have already TUPEd staff in. Then you will be in a straight head to head with them based upon whatever criteria they apply. (like maketherightchoice said) Hope that helps.

I find myself in the same situation but I am one of the staff TUPEd in. So the situation is the same but I am on the other side of it LOL. Good luck