Is this tupe legal

[Wagechange]

Less than a month ago I was tupe'd I have given the new company all of my details, there was no hint of my job going and in fact they ( verbally) promised no cuts

Yesterday I was told that my job no longer exists.

Can they do this ?

Yes they can if the position is genuinely redundant. Unfortunately what they verbally promised means nothing.

Broadly yes. There are rules around how and why.

Depending on the number of people affected and reasons for the redundancies there are some steps the employer needs to follow.

They also need to give you the redundancy pay you're entitled to.

Yes and no. Given the proximity of the redundancy to the TUPE they would have foreseen this and needed to have consulted you prior to the TUPE transfer about what is known as a "measure" they planned to take ie. once you join, we'll review the customer needs and resources required and we might need to make redundancies. As they did not do this you might have a failure to consult claim under TUPE. They still need to comply with redundancy legislation too and consult you properly about the redundancy.

Is this part of a redundancy consultation? Are the roles duplicated?

Thanks for the quick responses.
There was no consultation whatsoever before the take over ( 1st Feb )

A bit more detail , I am a cover cleaner , I work across 5 different sites.
I go in and cover the shift when staff are off sick / on holiday/ have left.
There are 14 staff plus me so thre is almost always someone off, but if there is not I work on rotation at each site doing deep cleans.
I am the only one that does this role and have been doing this specifically for the past 4 yrs, I was based at just one site previously .

They are now saying that there is no need for a cover cleaner. They could not / eould not explain who would do the work if there was a absence.

But if the role is deemed redundant it does not matter what they plan for absence is, presumably reshuffle the others' roster not employ someone who presumably does casual hours. There is a consultation process to follow though, and you might be offered the chance to apply for another role for example. Have other cleaners been put at risk? How long were you been employed before tupe?

All of the staff except 2 ( part time 16 hrs pw ) are full time at either 37.5 or 40 hrs per week 5 days pw depending on the site they are on.
So there isn't any flexibility gor them to go to the other sites.
As far as I can tell most if not all are have there hrs reduced which means if I cover them I will also have my hrs reduced.
Due to the very high security casual / zero hrs / agency staff are not permitted on site .

I have worked for the out going company for 5 years , however I have been working at the same sites for 12 years , I have been tupe'd over several times.

It's pretty irrelevant how many staff there are, if the employer state they don't need that level then it's up to them. They might be changing how they provide the cleaning service and they're operating model has less staff which isn't unusual.

I've worked on a few TUPE projects and part of the contractor change often has 'efficiencies'. Saying they won't make redundancies isn't great for morale or reputation, but if they're following the right process then they can do it.

Have you had relevant notice?

You are right @ElderMillenials it's just really frustrating to be lied to , I know what we were told verbal holds not water but to bare face lie to staff and then expect any level of service or loyalty it optimistic.

No I haven't been given any advance warning, I was told yesterday, I have just found out that I have another meeting with them next Tuesday where I suspect they are going to give me my final date of work.

Contact ACAS (or Union if you're in one) for advice if you don't think they've done it correctly. Do it before you meet with anyone so you know what to expect and be prepared.