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No redundancy but no bloody job either .

14 replies

travellingwilbury · 27/01/2011 17:16

I currently work as a carer for the council and have done for 9yrs . At a meeting yesterday (that I didn't go to) we were told that by the end of the year our jobs and contracts would be handed over to agencies .

Can they really do this ?
I don't want to work for a sodding agency , all the agencies that I have had dealings with in the past have been rubbish .

There is no offer of redundancy because apparently we are not actually losing our jobs we are just being moved to an agency .

I know I need to find out more info but tbh it does sound like they don't even know themselves .

Bugger !

OP posts:
ssd · 27/01/2011 17:21

don't know but my dh works for a council and we are worried too

trouble is as we know, the agencies can do as they damn well please

can you maybe work privately?

travellingwilbury · 27/01/2011 17:25

I have thought about doing some private work and I have got a friend who is doing that . Think it is time for a chat with her .

When I think of all the money they have wasted changing the whole system over the last year or two .

The most annoying thing is we were offered VR last year but some of us stayed and we were promised all sorts of long term shite which is obviously a crock now .

Good luck to your DH , it is a horrible time .

OP posts:
ssd · 27/01/2011 19:18

it is horrible, good luck too

flowery · 27/01/2011 19:48

Sounds like a Tupe situation, have a read of this section of the Directgov website.

Perfectly legitimate, and there's no question of you not having a job or redundancy - you'll still have your job as normal, but you'll just be transferred to a new employer, and your terms and conditions and continuous service should all be protected.

ssd · 27/01/2011 21:17

does this mean your holiday entitlement is protected flowery?

travellingwilbury · 28/01/2011 09:02

Thanks for that flowery , I have never heard of Tupe before , I have had a look at that and it does sound like that is what will be happening .

ssd yes it looks like any holiday entitlement is carried over to the new company .

Pensions however look to be frozen at transfer date and the new company has no obligation to carry on with them . There is no way on hell an agency is going to pay your pension .

I am going to try and speak to the office today and find out a bit more info .

I suppose because I work for the council you don't see it as a company do you ?

OP posts:
ssd · 28/01/2011 10:06

thats true

good luck again

tomatoplantproject · 28/01/2011 10:49

Hello there. Yes, under TUPE your benefits are protected but not your pension. However all employers are legally obliged to provide a pension scheme for their employees so you should find out what your new employer has by way of pension scheme. I assume though that it won't be as generous as your council pension scheme.

fedupwithdeployment · 28/01/2011 11:00

Also have in mind that the agency workers regulations are coming in at the end of the year (october) and this will give agency workers with over 3 months service the rights to the same benefits as equivalent employees. Not exactly clear what will be included, but keep an eye on google.

travellingwilbury · 28/01/2011 11:00

Thanks tomato , I always think of agencies as only having people on temp contracts so it has thrown me a bit . Also they haven't even got an agency in line yet so it could be anyone .
After all the years of looking at agencies in this area as being pretty shite tbh I am shocked they have now decided to stop all in house care and just chuck us (and more importantly the people we care for) to the dogs .

I am also stupidly not a member of a union . Do you think it is worth joining now ? Or a bit horse and bolted ?

OP posts:
ivykaty44 · 28/01/2011 11:06

what have your union said?

travellingwilbury · 28/01/2011 11:12

Thanks fed up , will keep an eye out for any news on that .

ivykaty Blush not a member and I don't know if there is much point in joining now just because I am in trouble .

I am more annoyed for others , as we were offered VR just over a year ago and some people turned down 20k to stay .

OP posts:
ivykaty44 · 28/01/2011 11:21

Give the union and ring and sort out joining if you want to belong to them - it doesn't matter if you think you are in trouble, thats not how unions work - you can still join. I know at least as a group we have some protection and manovering ability

tomatoplantproject · 28/01/2011 12:50

Agree on giving the union a call and seeing whether they can help. By the way your terms are protected, unless you sign anything else, so they can't just stop giving you work/paying you. They'll need to give you appropriate notice for a start.

Once a new employer has been identified you might want to have a list of questions which your current/new employers can answer. For starters you could ask about pension, job security, redundancy terms. If you get together as a group rather than asking on your own then you'll have better bargaining power and they can't fob you off easily.

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