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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 5420
Experience:  10 Years of experience in Employment Law and HR
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I have been made redundant and am exploring the possibility

Customer Question

I have been made redundant and am exploring the possibility of taking my ex employer to a tribunal for unfair dismissal. The company that I work for was bought by a larger company who based the majority of their support services abroad. However, my role was one of the very few that was actually based in the UK (albeit they use an out-source company). Do I have a case to take to a tribunal?
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 1 year ago.
Hello and welcome to Just Answer, when did your employment end?
Customer: replied 1 year ago.

My last day was Friday 31/5/2013

Expert:  Jenny McKenzie replied 1 year ago.
Hi can you explain what is happening to your role under the new employer?
Customer: replied 1 year ago.

My role effectively has been made redundant by my employer and everything that I did has been transferred to the out-source company. Supposedly my employer did everything to persuade the out-source company to take me on. I cannot understand why they would pay an out-source company more than I was getting paid to provide an inferior service (I have stats to prove that my results were better).


There are also several questions that they did not answer during the consultation process regarding the out-source company.

Expert:  Jenny McKenzie replied 1 year ago.
Ok thanks if the role that you did will be done by the outsourcing company and will not be divided up or restructured in a way that it does not resemble your current employment then you have an argument that your dismissal is unfair on the basis that you should have transfered to the outsourcing company under TUPE and your dismissal is in connection with a transfer.

You should appeal against your dismissal on this basis and on the basis that procedurally the dismissal was unfair as you were not properly consulted.

If the appeal is not successful then you should raise a claim in the employment tribunal. Your current employer may raise an argument that they should not be liable but the outsourcing company should be due to the application of TUPE. Under the circumstances you are in it is prudent to raise a claim against both companies so that you are covered either way.

You can raise a claim using the form you will find at www.employmenttribunals.gov.uk

All the best.

If I have answered your question I would be grateful if you would give positive a positive rating. If you have any further questions please do ask.

Customer: replied 1 year ago.

Thanks for your advice.


 


Supposedly my employer tried to convince the out-source company to take me on under TUPE, however the out-source company stated that they were going to create a junior role with a lesser salary. However, I was never afforded an interview with the out-source company nor given the choice of accepting the junior position. I have no idea if they went ahead and employed another person.

Expert:  Jenny McKenzie replied 1 year ago.
Hi if it can be shown that the function and role that you are doing transfers to the outsourced company then your employment should have transfered to them.

Once that happens then they may be able to show that they did not require you on the basis that they were restructuring the role. They would then have to carry out a fair selection procedure. As this has not happened you can claim unfair dismissal on the basis I said in the original answer.

The fact that a tupe transfer happens does not mean that the incoming employer cannot take action such as changing the role but they must have what is called an ETO reason to do so. This is an economic technical or organisational reason.

It is not fair if you were dismissed in advance as I have already stated and your claim should be against both employers to protect your position.

I would be grateful if you would give my answer a positive rating if I have answered your question. I am happy to answer your follow on questions.
Jenny McKenzie,
Satisfied Customers: 5420
Experience: 10 Years of experience in Employment Law and HR
Jenny McKenzie and other UK Employment Law Specialists are ready to help you

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Jenny McKenzie
Jenny McKenzie
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10 Years of experience in Employment Law and HR