Employment law

[commonsense]

My Dad has worked for a security firm,contracted by the Courts as a Manager for 10 years..excellent record,never been off sick etc Out of the blue today he was suspended and escorted off the premises due to the client (the courts) not being happy with the service provided(NOT due to any incidents it is simply cus the contract between the court n sec firm is nearly up n they have a better offer, my Dad is simply the scapegoat). My Dad was told not to discuss this with any1 from work and he has a meeting nx thurs to find out what is happening. He is not a memeber of the Union (idiotic I know), but I think he should have a representative who can stick up for him....Please can anybody help, or offer some advice as to who he can take in with him. PLEASE HELP, also if u require further details just msg me n I will add them, Thanx

[meglet]

If I red this correctly the courts outsource security services to your dad's firm. If your dad works there full time (or it can be shown that he spends the majority of his working time there) then he will be subject to TUPE. TUPE (Transfer of Undertaking Protection of Employment) is the legal requirement of the incoming company to take on the staff of the outgoing company, precisely to keep the employee's jobs safe.

See this link and scroll down to What happens if you're employed by a contractor?

http://www.direct.gov.uk/en/Employment/Employe es/RedundancyAndLeavingYourJob/DG_10026691

Or you can google TUPE for further reading.

[themas]

The client (i.e. the Court) could not legally suspend him because he is not their employee; so I assume someone from his own security firm suspended him.

If so I can't understand why, because the firm is still having to fulfil the contract (you say it is nearly up). Could it be that someone in the firm is not happy with his work? If so, they should put him through a disciplinary/dismissal process. This includes an interview - to which he can take a Union rep. or a work colleague, but not anyone else unless the employer agrees.

He could ring ACAS helpline or go to CAB for advice.

[JockMcGrotty]

The following response does not constitute legal advice and your father should seek legal advice. Suspension is supposed to be a neutral act...often pending an investigation and...an employer may suspend someone..if it is a reasonable course of action...and it should really be on full pay...unless there is substantive evidence of gross misconduct.
Anyone can be escorted off private premises at the wish of the owners. While, your father has a contract ..of employment..presumably.. with the security firm he has no contract with the courts.
Therefore, if the court's contract with the security firm is nearing an end they are free.. and probably compelled..to put the contract out to tender on the open market and may chose another company to provide the security service. This would be fairly routine and should not involve your father being suspended. It may, however, make him redundant if there is no other security work available. However, whoever sanctioned the action must believe that they have a reason for doing so, and your father may have not told you the full story since parents often do not wish to burden their children with problems at work. Furthermore, your father should comply with the request not to discuss it with anyone at work since, if alerted to it, the court could argue that it was a breach of contract. It might also make resolution of the problem more difficult...hence the need for confidentiality. It is not unheard of for some employers to construct dismissals to avoid paying out redundancy payments and 10 years service would be a substantial sum. However, we have got to be careful about speculation.

End of part 1

Jock

[JockMcGrotty]

This is Part 2 of my response and it also does not constitute formal legal advice.

Whatever, the outcome of the meeting...if it goes against your father... the issues should be substantive. In any case it is better if he has representation at the meeting. As suggested previously the Citizen's Advice Bureau provide a free service for such problems and may be of help. If your father checks out his household insurance policy there may be some element of legal advice open to him. Every employee, regardless of political affiliations, should join a union since they will have the staff experienced in their work area...unless you have won the lottery and can afford to pay for expensive legal advice. I think another must is 'family legal protection' policies.
At the end of the day problem is just a problem and regardless of the outcome your father and you should try to deal with the matter as best you can and move forward positively.You never know what opportunities may arise in the future.

Jock

[buildersmate]

Whilst Jock's answer is good in respect to the advice about suspension, it fails to mention that TUPE does apply in this situation. This means that the new company taking on the contract for the courts service MUST offer employment to the existing employees on the same terms.
This does not prevent them from then being declared redundant (as Jock does mention), if they reorganise the delivery of the service, however the employees T&C of employment date back to his original start date with the original employer.

[JockMcGrotty]

I take your point on TUPE and, I am sure you will be aware, that erosion of conditions of service can occur even with the TUPE.

Jock

[Androcles]

I have read you questions a number of times and gthe answers already given. They give good advice in terms of the ending of the contract and the contract being taken over by another organisation. However, it strikes me as very strange that somebody would be treated like that for those reasons. Are you sure that this is really the reason for the suspension? For an organisation to go that far, there really needs to be a substantive reason otherwise it would be an unfair practice to treat someone as if they have been accused of misconduct when it is just a determination of the contract, and to gag them. Or a very lousy employer!

[commonsense]

Thank u all for ur answers they were most helpful. My Dad was well and truly stitched up...he was given two days to find representation, which proved impossible and he has now been given a job at another court as a Guard not a Manager, and it will go on his record that he was suspended for 'poor performance' (in the meeting they put it "we want a sergent major type....') I know u guys are thinkin there is more to this story but honestly my Dad has done nothing wrong, since this we have spoken to two other Managers from different regions and they have also said that when the contract is up for renewal and the security firm realise that they may lose it, they get rid of the Manager in the hope that the Court keep the cvontract with them, basically my Dad was a scapegoat.........But thanx for all the advice xx