Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Work

Chat with other users about all things related to working life on our Work forum.

Can they make my role redundant...

17 replies

cakeymccakeface · 11/03/2018 19:37

If they plan to outsource my work load? Surely they can’t make the role redundant in this circumstance because the job itself will still exist.

Are they legally allowed to outsource my role or do I have employee rights?

OP posts:
Hispterwannabe · 11/03/2018 19:41

OP assuming you’re employed and not self employed if they outsource your role then this could trigger a service provision change and TUPE would apply. The company being outsourced would need to employ you unless they have an economic or technical organisational reason. Making you redundant directly after the transfer would be risky as you could have grounds for a claim for automatic unfair dismissal.

cakeymccakeface · 11/03/2018 20:04

Sorry, I should have been clearer. They plan on outsourcing different aspects of my role to several different companies. Is this allowed?

OP posts:
Hispterwannabe · 11/03/2018 20:08

OP that’s a little more difficult as your role will be segmented and it’s unlikely TUPE will apply. As an alternative, could you speak with your employer to understand why they are making this decision, I’m guessing it’s cost driven? Could you provide a suitable alternative to outsourcing?

cakeymccakeface · 11/03/2018 20:16

Yes, they are saying it is cost driven.

I just don’t see how they can deem the role to be redundant when the work still exists.
Surely it could only be ‘redundant’ if the work was no longer required.

OP posts:
Sarsparella · 11/03/2018 20:19

I don’t know legally how this stands but I know in my work they made in house HR staff redundant & outsourced that work to an agency instead :( it’s a large company so it must’ve been above board but terrible if it’s your role that’s effected

flowery · 11/03/2018 20:54

The work is no longer required at your employer because the tasks have been outsourced elsewhere.

An employer is perfectly allowed to decide to outsource functions if it wishes. Doing this may or may not trigger TUPE depending on the circumstances.

Bluntness100 · 11/03/2018 20:56

Yes this is legal. They can outsource the work meaning they no longer have the need for internal employees to do the job and as such, they can move to redundancy. They are allowed to manage their business in thr most cost effective way. They should try to find you another role internally. If not possible, then yes they can make you redundant. I'm sorry. 💐

Bluntness100 · 11/03/2018 20:57

Thr work is no long exists in the company as they are paying a third party to provide the service.

cakeymccakeface · 11/03/2018 21:51

Thanks for your advice everyone.

OP posts:
BakedBeans47 · 12/03/2018 14:37

Surely it could only be ‘redundant’ if the work was no longer required.

Not necessarily. Where is the work being outsourced to? Is it a different location?

Bluntness100 · 12/03/2018 15:30

Out sourcing means a third party service provider, it does not mean an internal relocation. The op has already confirmed this.

DumbleDee · 14/03/2018 21:09

Yes they can make you redundant because they have decided to restructure and the role that you are contracted to do no longer exists. It's unlikely TUPE would apply if it's being segmented in the way you describe.

BakedBeans47 · 14/03/2018 21:16

Out sourcing means a third party service provider, it does not mean an internal relocation.

I know what outsourcing means. Whether something amounts to redundancy though depends if Work is ceasing or diminishing or whether there is a reduced demand for employees to carry out the work in the pace the employees are employed.

The OP was asking if it could be redundancy if the work still exists. The answer to that is yes it can, if it isn’t going to exist in the place the employee is employed to carry it out. That is why I was asking.

Bluntness100 · 14/03/2018 21:21

Well ehrm yes, but that's Illogical. If it's outsourced her job no longer exists. If her job still exists it's not been outsourced. Her role cannot be outsourced and still exist in its entirety. Confused

BakedBeans47 · 14/03/2018 21:24

If it was outsourced it can amount to a TUPE transfer. Less likely here if it was being fragmented but it happens all the time. Company A outsources work to company B and the staff assigned to that Work move to company B to carry it out.

BakedBeans47 · 14/03/2018 21:30

But here it doesn’t seem to amount to a TUPE transfer, so it’s just a redundancy.

I was just trying to address the OP’s query that just because the work still exists it doesn’t mean her role isnt redundant.

lougle · 14/03/2018 22:46

It will depend on whether there is a recognisable 'job' that is similar to your current job that still exists once it is outsourced, as to whether it's a TUPE situation or redundancy, I think. If you are saying that they are fragmenting your current role into components and outsourcing those components to different companies, then they can demonstrate that your job, such as it is/was, no longer exists. As such, the role is redundant. However, if the job role was largely intact, then you would have protection under TUPE.

New posts on this thread. Refresh page
Please create an account

To comment on this thread you need to create a Mumsnet account.

This thread is closed and is no longer accepting replies. Click here to start a new thread.