Company outsourcing my job....help please

whatacharm

Hello I am hoping that somebody can help me please. The company which I am employed with for over 20 years have today advised me that my position is being outsourced and that I am being made redundant.

They have offered me a redundancy package, but to be honest it is terrible and I am disgusted with the offer. Particularly when 5 years ago when previous jobs were being outsourced I was asked to stay and at the time the package on offer was over twice what I am being offered today.

Have I any grounds for insisting that I get at least the same package as the previous one. Somebody has mentioned to me that there is something about this but I cant find anything on the net.

All help appreciated.

Nody

whatacharm wrote: »

Hello I am hoping that somebody can help me please. The company which I am employed with for over 20 years have today advised me that my position is being outsourced and that I am being made redundant.

They have offered me a redundancy package, but to be honest it is terrible and I am disgusted with the offer. Particularly when 5 years ago when previous jobs were being outsourced I was asked to stay and at the time the package on offer was over twice what I am being offered today.

Have I any grounds for insisting that I get at least the same package as the previous one. Somebody has mentioned to me that there is something about this but I cant find anything on the net.

All help appreciated.

Not really; different times different redundancies. I'd guess they offered you the state requirement redundancy (2 weeks per year of working with them + 1 week)?

ted1

have they found a company to out source the work too? You could ask that they consider out sourcing it to you. All you'd have to do is set your self up as a company.

ukoda

You may want to look up TUPE, as far as I know under EU law if your job is being outsourced, you are entitled to a job with the outsourcer.

JDxtra

Normally in these situations the employee also transfers under their existing terms and conditions. I've also just been through it.

Unless of course they are outsourcing to India!

Your employer needs to give you a reason for the redundancy, the outsourcing cannot be the reason alone.

As said above, read up on TUPE.

ukoda

JDxtra wrote: »

Unless of course they are outsourcing to India!

That would technically be "offshoring" !

Irish_Elect_Eng

Dismissals and termination of employment.

5. (1) The transfer of an undertaking, business or part of an undertaking or business shall not in itself constitute grounds for dismissal by the transferor or the transferee and such a dismissal, the grounds for which are such a transfer, by a transferor or a transferee is prohibited.

http://www.irishstatutebook.ie/2003/en/si/0131.html

http://www.workingrights.co.uk/what-rights-do-workers-have-when-jobs-are-outsourced.html

http://www.irishstatutebook.ie/2003/en/si/0131.html

whatacharm

Thank you all for your replies so far. Yes they have found a company to outsource too, I havent been offered a position with the new company. It would appear from a quick read of the legislation posted above that this is prohibited and that I should not be losing my position due to outsourcing.

I have to meet with the company again on Wednesday, I feel that they are trying to get me to agree to things very quickly, as I said above, they only told me today.

I will be printing off TUPE and the other legislation to read now and also to quote to my employers.

Mrs OBumble

Good on you for reading up: sometimes just the knowledge that you are not a total push-over can be enough to get them to up their game.

Good luck.

Nody

whatacharm wrote: »

Thank you all for your replies so far. Yes they have found a company to outsource too, I havent been offered a position with the new company. It would appear from a quick read of the legislation posted above that this is prohibited and that I should not be losing my position due to outsourcing.

I have to meet with the company again on Wednesday, I feel that they are trying to get me to agree to things very quickly, as I said above, they only told me today.

I will be printing off TUPE and the other legislation to read now and also to quote to my employers.

On the top of my head (as it was a while since I was dealing with such an issue) as long as the new company is operating in Ireland they have to take you on with your existing contract including all existing benefits etc. If the outsourcing company is operating OUTSIDE of Ireland (lets say UK, Hungary or where ever) then they don't and you can be made redundant.

wmpdd3

Check the minimum you could get here:

http://www.redcalc.entemp.ie/

Just to give you an idea what to push for. A middle ground between this and the package the last guys got may be a good place to start.

I take it you have no union.

If you feel pressured, feel free to say you may need to seek legal advice as things are moving too fast for you.

Even if you don't it will get your employers to calm down. If you do seek legal advice the company's legal team may only deal with your solicitor, cutting you out of the picture, but don't be afraid of this.

This is usually said to employees to persuade you not to get advice!

Irish_Elect_Eng

Nody wrote: »

On the top of my head (as it was a while since I was dealing with such an issue) as long as the new company is operating in Ireland they have to take you on with your existing contract including all existing benefits etc. If the outsourcing company is operating OUTSIDE of Ireland (lets say UK, Hungary or where ever) then they don't and you can be made redundant.

As it is European law, I would be surprised if it did not cover outsourcing to Europe as well as Ireland.

delos

Irish_Elect_Eng wrote: »

As it is European law, I would be surprised if it did not cover outsourcing to Europe as well as Ireland.

TUPE covers Europe