Donate SIGN UP

It Wasn't The Last One After All!

Avatar Image
bednobs | 20:29 Sat 23rd Mar 2013 | Jobs & Education
12 Answers
question regarding redundancy, that is. I know people can only give general advice but i have another q
2 weeks before redundancy, i ws "slotted" into a job which was apparently considered "suitable alternative employment" (despite the fact there was n jd or location) ie i couldn't refuse it and still be eligible for redundancy. i was given 1 day to accept or reject it. Rejecting it would have meant i was basically handing my notice in This new role is for a different employer, and is a temp six month role. I had a letter today giving me the terms for my transfer. One of the sentences says "as this role is not considered suitable alternative employment because of it's temporary nature, the new employer will have to issue you with a redundancy notice".
So, now they acknowledge that it isn'r suitable alternative employment!
now there is only 1 week to go before my employer ceases to be, so not much time to sort things out. I feel like i am being screwed over somehow, but i can't work out how or where or who.
Although i am transferring under cosop, i can't help but feel that the job has been "made up" in order for my current employer to avoid a redundancy payment , and pass the problem onto someone else in a few months time. Can the new employer change the terms of my redundancy (should the situation occur?)
Gravatar

Answers

1 to 12 of 12rss feed

Best Answer

No best answer has yet been selected by bednobs. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
Hell's teeth, bednobs, I thought we'd been messed around, this is worse!

COSOP seems to be very similar to TUPE - we're being COSOPed - so you are being transferred on the same T&Cs but there is no job for you - this is crazy, why can't they just let you go? It can't be that they are trying to get nil redundancies - we have a lot being let go next week because there is nothing at all suitable for them.

Have you spoken to HR?
Question Author
ido apologise to anyone who works in HR here, but my god, they have been a complete shower!
bednobs - you need to contact your union (if you're with one). If not, then check whether you have legal cover on your household insurance (you prob have and you can get free legal advice). If not, I can't recommend which legal service enough. My husband spoke to this fantastic employment solicitor who tells you what to write in letters etc and knows just about everything. I think it's £34 for new members to join for the year. My husband has an employment tribunal in a couple of months!

http://www.whichlegalservice.co.uk/

Anyway, hope you get it sorted ASAP.
The pressure of the last few weeks has been appalling for all of us whose futures have been so uncertain. Even if we've been lifted and dropped, it's not over yet. Everything feels desperately last-minute.

If this is the case for you, make sure your NHS employment is continuous, otherwise less than the minimum employment with the new employer could mean no redundancy payout......
Something similar happened to me when I was made redundant (not the health service) - a 6-9 month temporary project post was found and I had to take that because of the 'skills match'. However I got my redundancy pay when that came to the end. I don't know what I'd have done if it would have meant losing my redundancy pay. I hope you will get the payment still (I am pretty confident you will) but it needs buildersmate or someone who knows COSOP/TUPE well
Is the new employer still NHS, bednobs? I may be wrong but I'm led to understand that some (like PropCo) may not be...?
Question Author
yes, it's a ccg. I suppose what i'm worried about is that the terms for turning down jobs with the new employer (in six months time) wont be the same. The new employer is based out of my county and for them to find me another job at the end of this temp job (which is in fact in the same building i work now) they will expect me to go to them - ie too far!
Bednobs

Have you seen this explanation of COSOP? - which came from the Avon area but which seems to me the same business that you are tied up in.

http://www.avon.nhs.uk/transition/Your_Journey/Briefing_Sheets/COSOP_transfer_process.pdf

I've come across the Code of Practice before (in another Government department) but not heard it called this.

Reading it through, it looks like your key existing employment terms transfer across. HOWEVER you should be very clear to clarify what happens to your pension rights (which seem to be covered OK in this document) and the terms under which any future redundancy might occur.

I'll come back later to see if you have any questions about this.
Reasonableness of travel will be taken into account (again) when deciding eligibility, I would hope.

We've been secured for twelve months to March 2014, subject to a review of the service during that time - so we could be back here again, reconsulting, in six months' time :-(
Question Author
thanks so much BM (and everyone else) i have not before seen a clear explanation of cosop. HR (in their letters) assure me my pension continues under the same basis as it was before, however they are being extraordinarily vague, when they actually speak to me, about most other things.
TBH bednobs, the whole thing is unrolling by the minute - there are loads of unanswered questions about how our own bit will work (and it starts next week!) - the answers are being designed as the questions arise (or so it seems to some of us...)
Question Author
Still going on!!!!!
there is 2 and a half days to go, and it's still not sorted!!!
RCN being helpful. Now i know why i've paid my subs all these years

1 to 12 of 12rss feed

Do you know the answer?

It Wasn't The Last One After All!

Answer Question >>