TUPE experience

[Whowhatwherewhenwhynow]

I am am due to TUPE across from my organisation to another organisation soon, but it seems as though my job role might not be wanted/needed in the new organisation due to their staffing structure being different.

can anyone offer any advice or experience?

The things I’m wondering are….
*if there is not a job role for me, when I TUPE across will they just start the redundancy process? If so is there a minimum time frame an employee is given notice of redundancy?

• can they make me redundant before I go across or not accept me to TUPE?

I've been TUPEd several times. Presumably if you are on the list and have been informed you are going over then there is a role for you? Have a look at the ACAS website it might help with specifics.

I have TUPE rights but they will structure the service differently so won’t want me in my management role. Was supposed to be hearing back about a 121 this week, but I’ve heard nothing.

I was TUPE’d several years ago in the NHS

There was no role at my banding so I was given 4 years protected salary. Have you looked at your TUPE terms ? This should have been explained to you at every stage. If not, contact your union rep, if you have one.

Annoying I’m not in the union. Always have been in previous jobs. Obviously regretting it now.

my current organisation have told me I am on the TUPE list and so have a right to TUPE across. Then I have had very little from the new organisation. Which I guess is. A bad sign. However They are a small organisation who have won several new contracts, so possibly they are overwhelmed with managing it all.

Unfortunately, TUPE doesn't protect you from redundancy if there's no role for you at the destination employer, but for redundancy it's treated as continuous employment so you get statutory redundancy pay based on full length of service. (TUPE protects your rights to all that but does not protect the job itself.)

This is the part my memory is a bit hazy on: I think you have to let them TUPE you over then make you redundant otherwise you're treated as having resigned so no redundancy pay/rights. I vaguely recall that existing employer could deal with the redundancy but I'm even hazier on that. Double check that part, don't rely on me.

Have you spoken to Acas? Do you have legal cover on your home insurance?

I’ll try to talk to ACAS tomorrow.
my feeling is they will make me redundant but I want to know how much notice I might have/ if there is a process they need to follow.

I’ll check insurance cover. Thanks for the suggestions.

www.acas.org.uk/employee-rights-during-a-tupe-transfer/your-redundancy-rights-under-tupe

Looks like I was misremembering that last hazy part. There was a lot of buck-passing when it happened to me, I couldn't remember which of the spin actually turned out to be true.

www.gov.uk/redundancy-your-rights

Notice period is 2-12 weeks depending on service.