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Stress leave brought on by redundancy consultation process
6 Answers
I am in the middle of probably the fastest redundancy process in history, 10 of us have been allocated alternative job/s for being considered for, not informed about the total jobs available and the whole process have been predetermined to be concluded in 4 working days. This has led to me being signed off today with stress for a week.
Does this mean the the company I am know employed by/work for are obliged to wait until I am fit enough to consider being interviewed for these alternative jobs. this transfer is under a TUPE arrangement and what we have seen so far leads us to believe we are being stitched up proper!! appreciate a responce ASAP as I need to let the company know tonight that I can't make the interview tomorrow morning at 10.00. sorry for short notice but would appreciate any help as to my rights under employment protection
Does this mean the the company I am know employed by/work for are obliged to wait until I am fit enough to consider being interviewed for these alternative jobs. this transfer is under a TUPE arrangement and what we have seen so far leads us to believe we are being stitched up proper!! appreciate a responce ASAP as I need to let the company know tonight that I can't make the interview tomorrow morning at 10.00. sorry for short notice but would appreciate any help as to my rights under employment protection
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I'm confused by your question.
Redundancy is one of about six 'fair' reasons for dismissal from employment.
TUPE is a process that protects employment rights when an employer moves part of its business operation to another employer - for example, in a takeover of one company by another, or when one company loses a contract let under competition terms by Company X to another bidding company.
Redundancy is one of about six 'fair' reasons for dismissal from employment.
TUPE is a process that protects employment rights when an employer moves part of its business operation to another employer - for example, in a takeover of one company by another, or when one company loses a contract let under competition terms by Company X to another bidding company.
I'm still a bit unclear as to what is happening here. It's ana wful situation to be in and I know some employers steamroller through some of these things and use it as a way to get rid of individuals they don't want.
But I think employers are wary of people who go off sick as soon as redundancies are announced- firms can't hold the process up for weeks or months until people return from sickness. In your case what happens if you produce another sicknote, then another. I don't know the legal position though- that's buildersmate's area.
Let us know how you get on
But I think employers are wary of people who go off sick as soon as redundancies are announced- firms can't hold the process up for weeks or months until people return from sickness. In your case what happens if you produce another sicknote, then another. I don't know the legal position though- that's buildersmate's area.
Let us know how you get on
OK so it is both things.
ETO means economic, organisational or technological reason - you probably knew that - and and ETO reason when applied to TUPE is a valid defence for applying redundancies.
I am sorry to hear about your plight but I don't know of any legal protection. I think F30 has expressed well the way these things work. If you are unable to attend for interview, I think the process will go ahead. I am sure that you will be considered, but I agree that it won't help your case.
I think the best thing is to phone in the morning, explain that you are signed off work, explain how keen you are to be involved in the future organisation and to ask for some time. That may (unfortunately) result in them asking how much time you want - which may put you on the spot.
As I am sure you know, 'absence' - which includes sickness as well as many other potential reasons for non-attendence at work - is often used as one of the criteria for selection for redundancy. This is (legally) fair.
However 'absence' should be taken as a series of events - not a one-off and if you have a strong attendence record going back then that will help you.
Regarding your comment about being stitched up, I can understand how you must feel, but I do urge you to turn to positive thoughts if you are serious about being of the future organisation. These things rub off in interview you know.
The other way to think about it, is to consider that you may be better off out of it - since the implication from the winning bidder is that it believes it can run the same contract with a smaller team of resources. That either means the organisation has to work harder or smarter. Some TUPE transfer contracts (and the staff that transfer with it) find that the brunt of the 'efficiencies' come from the way they are expected to operate. I guess it depends what terms you are being offered - and your skills to offer in a currently difficult employment
ETO means economic, organisational or technological reason - you probably knew that - and and ETO reason when applied to TUPE is a valid defence for applying redundancies.
I am sorry to hear about your plight but I don't know of any legal protection. I think F30 has expressed well the way these things work. If you are unable to attend for interview, I think the process will go ahead. I am sure that you will be considered, but I agree that it won't help your case.
I think the best thing is to phone in the morning, explain that you are signed off work, explain how keen you are to be involved in the future organisation and to ask for some time. That may (unfortunately) result in them asking how much time you want - which may put you on the spot.
As I am sure you know, 'absence' - which includes sickness as well as many other potential reasons for non-attendence at work - is often used as one of the criteria for selection for redundancy. This is (legally) fair.
However 'absence' should be taken as a series of events - not a one-off and if you have a strong attendence record going back then that will help you.
Regarding your comment about being stitched up, I can understand how you must feel, but I do urge you to turn to positive thoughts if you are serious about being of the future organisation. These things rub off in interview you know.
The other way to think about it, is to consider that you may be better off out of it - since the implication from the winning bidder is that it believes it can run the same contract with a smaller team of resources. That either means the organisation has to work harder or smarter. Some TUPE transfer contracts (and the staff that transfer with it) find that the brunt of the 'efficiencies' come from the way they are expected to operate. I guess it depends what terms you are being offered - and your skills to offer in a currently difficult employment
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