www.iva.co.uk

Hi,

Don't know if anyone can help but here goes:

Have been in my current job for 2 years 2 months and recently found an email concerning my job in my Manager's Calendar box. (We all have shared access) Basically they are going to outsource my job to another firm and pay them £4k more than I currently earn to do it. Are they allowed to do this?? I am pretty sure this is going to happen in the next month or two and I am petrified. If they offer redundancy I am going to refuse it and maybe try for unfair dismissal at a tribunal as I have never had any complaints on my appraisals or from clients and only glowing reports. I am so unhappy about this and feel I am being victimised by the powers that be because I am not a yes man!!!

Your advice if possible would be appreciated [8D]

I would have thought that you have grounds for unfair dismissal if they make your redundant as a result of this decision - whihch makes no commercial sense.

That's awful Ray. I'm sorry I can't help you as I've no experience of Employment Law, but hopefully Swans Girl will pick up on this as I know it's her area.

Good luck and let us know how you get on x

Hi Melanie,

Thanks for responding - I know it makes no sense at all except maybe the fact the guy who is initiating it does not like me at all because I question things if I do not agree with them and he does not like that at all. Just likes it to be agreed when I think there could be a better way or suggest ideas

Thanks Skippy - will keep you posted

That's bad news Ray, and what a shock you must have had when read it as well!

I hope you manage to get something sorted.

As Skippy says, Swans_Girl is good with employment law, and I'm sure she'll pick up on it.

If you all have shared access then it sounds like there is currently no issue with confidentiality, but I would keep proof just to be on the safe side. I have been on the receiving end of an unfair dismassal and it is not nice at all, especially if you know, or suspect, that it is coming. Maybe a visit to a local employment law solicitor for one of those free initial half hour consultations that some of them offer may be in order, just to know where you stand and put your mind at rest? Hopefully though it won't come to that.

Regards.

Hi Size5,

Thanks for your reply. The only reason I saw it is because the person who had it on there calendar (and it is only there one) is not that clever and copied the contents in to it even though it was marked as confidential so I would not have been aware otherwise.

Well, there may now be an issue with confidentiality but as this is not my field you should still take independant legal advice.

Regards.

Hi
Certainly keep a copy of the email and certainly take legal advice
Regards

Andy,

I certainly will - there are also defamotory comments on there which are totally untrue so will be interesting to see what happens

They will not be allowed to make you redundant unless they can demonstrate a reduction in roles.

If they are simply outsourcing your role is protected under TUPE legislation (Transfer of Undertakings Protection of Employment). Do be aware though even if your employment transfers there is no garauntee that your new employer would chose to rationalise head count at that stage.

What TUPE legislation does do is offer protection to your T&Cs such as service length, pension etc. TUPE is very common these days, infact I have just tranfered 22 individuals into our company, some with over 20years service with there last employer!

Adam,

Thank you very much for this information - very interesting

Hi Ray - soory haven't picked this up earlier - there seems to be more than one issue going on here.

Companies can outsource services and indeed there are arguments for and against this. Finances being a key decider. I would expect a company to carry out a comprehensive analysis to determine if outsourcing is the for the good of the company..as if redundancies are a consequence they may have to justify their decision.

There seems to be a possible personal issue going on here and you would be wise to gather as much evidence as you can in your favour. Without knowing the full ins and outs its hard to give individual advice - can I suggest you contact ACAS on 08457 474747 ( expect a 10 min wait on hold). They will give you free advice and its always useful to be able to quote you've taken advice from ACAS when entering any discussions with management ( they'll know you mean business).

Hi Julie,

Thanks for answering.

To clarify they are not outsourcing to another company, just to another office apparently in Yorkshire and paying more not less. I live in South London and work in the City. There are no other staff involved - just myself.

I will contact ACAS so thank you very much for that - definitely a personal issue as well and believe me I have the email paperwork to hand to back me up.