Breach of TUPE

[trophyshy 7098]

Right, this set of circumstances is rather convoluted however I would like anyone on here with an interest or opinion to express it, particularly if you have experience in these matters, specifically employment law.

 

I was asked at the end of last year to investigate opening a new area of business for the organisation, I spent 3 or 4 months, developed a business case and presented to the whole company. My plans were quite ambitious and I wanted them to throw some cash and support behind it (it's around sustainability and green stuff, my bag yeah). They didn't go for the big picture however they acknowledged that some of the things could make them some money so I was offered the opportunity to crack on.

 

In March 2009, I was told by the then Chief Executive that I was to be promoted into a different team as an Executive. However, this promotion was not actioned before the CEO left the organisation, and the new management did not choose to honour his verbal assurance. The new team was not consulted on this and so the CEO had put their noses out of joint.

 

From May 1st 2009, I was seconded into a six month Executive position (promotion but not permanent) to develop a new business offering. I was given a Special Responsibility Allowance, effective until October 31st 2009 (this recently renewed to March 2010 with the message 'we should have you sorted by then'). I was not given a contract for this new position, nor did I receive any formal documentation apart from a letter from HR confirming the Special Responsibility Allowance amount. I have been working at Executive level since May 1st, despite having no certainty regarding my contractual arrangements.

 

Through my actions I have our organisation involved with a potentially massive UN/central govt. backed national training scheme in an arena we have no previous involvement, so I have delivered and have been acknowledged for this.

 

In August our company was subsumed into a new organisation, a new JV between our old parent company and a bigger but similar organisation.

My substantive role had been filled by a temporary employee, and during the process of transfering into the new organisation, management decided to abolish this role, releasing the temp and neither informing nor consulting with me in any way. Obviously it was a tad unnerving that my substantive post has been dissolved without notice. This is illegal under TUPE as it is the only position I have any formal contract with. Everything else is based on good will.

 

A senior director with whom I beleived I had an excellent relationship has been keeping me at arms length by implying he was not able to make the role permanent, that it was out of his hands. Not once has he explained to me what I need to do to make the role permanent, I have regularly been pushing for this and has said 'just wait, it will all get sorted, just wait, there are loads of people in your shoes etc etc' flannel, basically. I have just learned that the interim CEO asked him directly if I should be made full time in this role and he blocked it. He has not presented this to me at all and has fudged around the issue and now appears totally spineless to me.

 

So I had already launched a breach of TUPE claim to embarrass them into making my role permanent which I think will happen and is underway. I was going to drop the case when I get the role. However, I am irritated that this director has been blocking my promotion but at the same time implying it was not his decision. Basically I am thinking of taking the TUPE claim all the way because of this duplicitous bastard.

 

Thoughts?

[Park Life 71]

Let loose the dogs of war. I really hate all this kind of shit that goes on in companies.

[ewerk 31597]

If you get the position full time then drop your claim, you'll not win any friends by pursuing it and it could hamper your future prospects with the company.

[Gejon 2]

There are a number of people in my organisation who act the same way as your director does (ie making promises they don't keep then pretending they had no say when really they were the ones who made the decision).

 

Unfortunately I don't think they really broke any terms as far as I can tell, I think our TUPE ended in October but didn't really check it anyway.

 

I am the sort of person who doesn't like to rock the boat so personally I wouldn't take it the whole way through fear of future (subtle) reprisals. If you think your position will still be tenable if you do put this director through the wringer then go for it.

 

If I had the backbone I would have kicked up a lot more fuss over certain things in the past

 

Sorry that doesn't really help with your problem, I just like whinging a lot (on a forum).

Edited November 5, 2009 by Gejon

[ChezGiven 0]

Use lube, letting them dry fuck you in the ass is more painful. Its probably not what you want to hear but kissing arse at this point might help a bit too.

 

If you were under a permanent contract before the merger, they have to give you the same. Apart from that, its down to the relationships you have with the new people who have the power to promote or block your next move.

 

Whilst frustrating and unfair, the word of the old CEO carries no weight, you need to generate the same buy-in to your work with new lot as you had before. One thing to consider is first of all the petty politics of top management, when a new CEO comes in they like to put their own style and direction on company strategies to make them look like they are changing things. Think long and hard about the strategic imperatives of the new players, are you fighting for something that has general buy-in across the board or are you pursuing old strategies? If this hasn't changed, then the issue is further down the food chain, what is the relationship with the Senior Director really like? Can you have a one to one with him to discuss this in a constructive way? Can you sit him down and ask him to explain what is happening so you have a better understanding of the situation (i.e. in a context where you are not asking for promotion or changes in job conditions) to get an insight into what is driving the business decision-making?

[Park Life 71]

Use lube, letting them dry fuck you in the ass is more painful. Its probably not what you want to hear but kissing arse at this point might help a bit too.

 

If you were under a permanent contract before the merger, they have to give you the same. Apart from that, its down to the relationships you have with the new people who have the power to promote or block your next move.

 

Whilst frustrating and unfair, the word of the old CEO carries no weight, you need to generate the same buy-in to your work with new lot as you had before. One thing to consider is first of all the petty politics of top management, when a new CEO comes in they like to put their own style and direction on company strategies to make them look like they are changing things. Think long and hard about the strategic imperatives of the new players, are you fighting for something that has general buy-in across the board or are you pursuing old strategies? If this hasn't changed, then the issue is further down the food chain, what is the relationship with the Senior Director really like? Can you have a one to one with him to discuss this in a constructive way? Can you sit him down and ask him to explain what is happening so you have a better understanding of the situation (i.e. in a context where you are not asking for promotion or changes in job conditions) to get an insight into what is driving the business decision-making?

 

...basically are your exotic tinkerings on the periphery actually going to make them any money. Everything else is bullshit.

[Kid Dynamite 7318]

Im no expert, but mud sticks. Youre not likely to get this or any other promotions if you rock the boat with management and kick up a stink.