employment law

A question: the company I work for is mooting the idea of making all staff redundant and re-employing everyone on new contracts.
Is that strictly legal?
I guess that the new contract is going to have more advantages for the employer than the employee.

If anyone has any experience or expertise and could point me in the right direction of what questions to ask, I would be grateful...

Thanks.

Comments

  • Depends - from the sound of it they're not genuine redundancies so the answer would be no, it's not legal.
  • In short no I'm not clued up about HR issues but wondered if TUPE covered this

    see link
    http://www.cipd.co.uk/subjects/emplaw/tupe/tupe.htm?IsSrchRes=1
  • If you take the full details to the CAB or similar, they'll be able to advise you on the specifics of your case. Without more details you won't be able to get specific advice, unfortunately
  • I know it happened to a colleague who was a lecturer in a college.... so it must be legal in some way!
  • Not sure, but is it not the job that is made redundant....?

    I think there is a time limit before you can employ a person to do that job.
    Rules and reg's do change, so get legal advise....
  • They offered new terms and if you didn't take them you got redundancy....]

    It was a tertiary education college - can't believe it broke the law with all it's staff and no one noticed.
  • To my knowledge, you can only legally make someone redundant if their job no longer exists. If the job still exists (albeit with an amended contract) then it's not a genuine redundancy. I don't enough about TUPE to comment on that though.
  • I would strongly recommend that you get union involvement and get all staff interested.
  • Yeah - get some free legal advice from an employment specialist & they'll be able to point you in the right direction.
  • Mountain Cat - I thought that was the case too.

    I thought that TUPE applied when the control of the company transferred to another person/persons - they then take over the holiday entitlements, employment rights etc etc that the employee is entitled to.
  • So much advise so quickly. Thanks. You have given me something to prepare.
    Our "meeting" is on 30th jan so I have good time to get some ideas together.
    Thanks.

  • Agree re TUPE but often mgment set up new 'company' in order to do this
  • Try TUC site - haven't looked but they have quite comprehensive stuff usually
  • Scan the net under 'industrial law/redundancy'.
    You should be able to find the info. you need.

    Good luck....
  • barnsleyrunner?
  • I don't think TUPE will apply in this case - from what you say there hasn't been a takeover or anything, if they're just 'offering' new terms then I think it is legal.
  • If there has been no take-over by another company, then TUPE does not apply.

    If the company is re-structuring, and changing the nature of the jobs, then they can invite existing members of staff to apply, and make redundant those who don't apply, or are unsuccessful.

    If the jobs remain the same, you cannot make someone redundant and then re-employ someone else.

    It's a complex matter, and you should get proper advice, either from a employment law expert, from a trade union, or CAB (if you can find one).
  • Ring Acas 08457 474747
    they will help you
  • wilkie makes some good points but the first thing I would want to know is why the company is considering it.....
  • Acas as per Rio would be the best bet. A company can't unilaterally change your contract but if the nature of the role/companies business changes they made decide they need to change your contract. The only way for them to do this without your agreement is to terminate your employement then offer you the new contract. They would have to ensure that the dismissal was fair and that would be what any tribunal would look at. Very few companies comply with the statutory dismissal procedure though which is a shame as its there for everyones protection IMHO. Information and communication go a long weay to alaying anyones fears doesn't sound like you are getting a lot of either so understandably you may be concerned. Anyway back to my day job which is this ironically!
  • mine too simon
  • That explains the sensible advice then. Although I wish I could knock an hour off my marathon time then I could have a career doing that instead, i'm sure it would be more fun!
  • I am going for half an hour this time which will mean I have taken an hour and a half off since 2004. (Its great having such a slow time!)
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