Toupe

flowerpot

Just looking for some advice in regards to toupe.

I had been working in an IT company for 5 years before my support job was outsourced to another IT company ( I was told at the time that redundancy was not an option and to be honest it suited me to keep the job at the time). However, The company I work for now has not won the contract with the original company and the support contract is being outsourced to another different IT company.

The previous experience of toupe wasn't a good one. the IT company I currently work for are not a good company to work for, no pay rises, no training and are quite bullying in their attitude. I really don't want to go through the toupe experience again.

Can I request to be made redundant as I would like to get the redundancy and retrain myself in a different field. The last couple of years of outsourcing has turned me against the sector.

Legally do I have to toupe with the new company or can I request redundancy ?

davo10

Do you mean TUPE?. How do you see this applying to where you work, have they been bought out and are now under new ownership?

Mrs OBumble

Ahh, it's TUPE.

See here for more info: http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/transfer_of_business.html

I'm no expert, but I think that you can request redundancy, but cannot insist on it. Proper legal advice would be good to get here, I think.

Graham

Should you choose not to TUPE across you may find you have terminated your own employment.

Your job still exists, it will just be transferred to a different organisation under the same terms and conditions you currently 'enjoy'.

You've nothing to loose by asking for redundancy or asking to be redeployed within your current organisation, it's really down to your current employers how they handle such requests. There's not many organisations that would agree to give you a redundancy payment when your job still exists all be it in a different company. They'd likely open themselves up to many similar requests.

I'm also not sure what the tax position would be surrounding a redundancy payment where there wasn't really a redundancy,

flowerpot

@davo10, Yes sorry I mean TUPE?

I was tupe'd 2 years ago into the current IT company contracting company and now faced being tupe'd again to the new company who won the contract.
I would prefer just to be made redundant at this stage, although, it seems legally I have to go with the new company or leave. I would much prefer if it was a redundancy situation

davo10

I may be wrong about the duration but as far as I know, if a company makes an employee redundant, they cannot employ someone else to that post for two years after the redundant employee leaves. It seems unlikely that they would offer you redundancy unless they were facing possible closure.