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Postby Part-Timer » Jul 19th, '10, 20:45



I don't think that's right, Dale. TUPE doesn't oblige you to go to Dublin, or be taken to have handed in your notice.

http://www.berr.gov.uk/files/file20761.pdf

In particular, look at page 17.

Think about consulting someone who really knows about this area of law. You can get an initial advice letter quite cheaply, and it might save you a lot of stress.

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Postby Tomo » Jul 19th, '10, 20:56

Citizen's Advice is another avenue.

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Postby Vanderbelt » Jul 19th, '10, 21:37

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Postby dat8962 » Jul 19th, '10, 23:43

Hi Dale

Sorry to hear of your news. If you want to have a chat about TUPE then feel free to contact me. I've worked with TUPE for some years now.

Basically, the Transfer of Undertakings means that they cannot legally reduce your existing job and salary without you agreeing - or trading it off for something in exchange.

A move to Dublin isn't reasoonable unless they are paying your relocation expenses but the down side of that is that if you decline their package then the redundancy that you would be entitled to can be as low as the statutory allowance.

Your HR department should be providing you with advice and guidance.

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Postby Robbie » Jul 20th, '10, 12:07

Aw, sorry to hear about all that. I can't offer any practical help, but lots of sympathy is yours, at least.

It's a cliche, but you may end up looking back on this and laughing. When I was made redundant it turned out to be the best career move of my life. (Didn't make it any less fraught at the time, though.)

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Postby Chris » Jul 20th, '10, 12:22

Dale have you considered doing some agency work in admin or something so you at least have a transistion period after october till xmas and then review in the new year?

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Postby russpie » Jul 20th, '10, 12:23

Like others have said, at least you have 3 months when some get to hear about things like this on the news before turning up to a closed company. Advice on it would be good just incase they try something sneaky with you. Would a union be of help?

On the other hand I have found that unless people have 'the fear' they stick with a job that they are comfy in when they could infact do much better. Now you have 'the fear' you also have the motivation to look elsewhere. It's a pain to have to do but could well be far better in the long run with a more stable job.

Hope all goes well.

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Postby Johnny Wizz » Jul 20th, '10, 12:53

I would like to offer some real words of comfort here Dale but I have been in this situation myself more than once and there is nothing I can say that will make it any easier for you.

There is however some good advice on here. If you can possibly afford it get yourself a session with an employment lawyer and get some proper legal advice.

TUPE can be a bitch but as DAT says I don't think that sending you to Dublin is a reasonable alternative and shouldn't really affect your redundancy package.

The first time I was mad redundant was a few days before my 40th birthday and I really thought I was on the scrap heap. The last time (to date!!!) was just before my 59th birthday and that was really scary.

It took me 6 months to get a job that time, I had to take a cut of 2/3 in my salary and am just grateful to be employed now I have turned 60.

You won't have the same issues as a much younger man and there are jobs out there despite the recession. My own advice is to use the three months you have to really hunt for something you would choose to take. If that is not succesful take something less appealing after the three months. Being out of work, aside from the financial worries, is not a lot of fun. After the first week of lay ins boredom does become the enemy - there are only a limitted number of hours in the day that you can use up perfecting your Faro shuffle!

I have temped, taxi driven and done odd jobs during some of my periods of unemployment. I once even acted as an assistant to a private detective for a month!

When I first went to work people I worked with had been with the same company all of their working life. Jobs for life disappeared 20 years ago and the threat of imminent redundancy hangs over us all always. My last experience came as a total out of the blue shock, but out of the blue or pre known it is a cow of an experienc.

You have my sincere sympathy and my best wishes for a quick re-employment.

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Postby jomarchan » Jul 20th, '10, 13:09

Sorry to hear about this Dale. We lost our Business last year because of the financial climate. It felt like the end of the world. All told we lost about £30,000 and now I am trying to claw it back but it will take a while. Hope things pan out ok for you.

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Postby TargetZero » Jul 20th, '10, 15:04

Good luck from me too - been there and a terrible experience.

Can you get extra cash from the Company to put towards re-training in addition to what they will have to pay you?

Also, although I am not a recruitment person, I will gladly take a look at your CV and see what we can do to get your next top job.

Best wishes

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Postby daleshrimpton » Jul 20th, '10, 15:33

extra cash? No i doubt that very much, although if i do get what i should get, ( as per the companys standard package) I will get well over a years wages tax free. ( over 14 months in fact) :)

but it all hinges on this bleeding tupe business.

My CV is also the pits.

being 47, and only having had 5 jobs, it's a bit bare to say the least, and those jobs have not been the most inspiring jobs.

( though the time i spent as f.o.h manager at a theatre was fun.. teh happiest time of my life in fact.
It pays very little these days, as most theatres have discovered the wonderfull world of volunteers!)

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Postby Markdini » Jul 20th, '10, 15:47

I got TUPE'd transfer of undertakings and protection of employment. Now under TUPE you keep your old contracts that is why is I am still in a local authority pension scheme so that is kind of good news the bad news is there is a rule called ETOL :

Economical
Technological
organisational

I forget what the L stands for, but ETOL can be evoked at any time giving them the right to change your contract, even if you are under TUPE protection that lasts 1 year from the date of TUPE. My contract is still the old contract I was under but I can understand your fears over TUPE.

I am master of misdirection, look over there.

We are not falling out young Welshy, we are debating, I think farlsy is an idiot he thinks I am one. We are just talking about who is the bigger idiot.

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Postby daleshrimpton » Jul 20th, '10, 15:54

From what I have read, teh rules governing transfers from public to Private sector jobs is slightly different .
Dont know why.

:)

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Postby Markdini » Jul 20th, '10, 15:56

backbone of Britain mate!

TUPE is a bit of a sod to get around, I take it you are not a union man.

I am master of misdirection, look over there.

We are not falling out young Welshy, we are debating, I think farlsy is an idiot he thinks I am one. We are just talking about who is the bigger idiot.

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Postby Chris » Jul 20th, '10, 15:57

being 47


YOU WHAT?

I thought you wer about 33ish?

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