possible tupe. rtw v soon don't know where, hours, what job or for who!

[Caroline:-)]

Hi, I'm after some advice from anyone who knows really, but it may take some explaining, so bear with me please!!! As it stands I am returning to work after maternity leave in just under 6 weeks... but I don't know what job I'll be doing, who I'll be working for, where I'll be based or what hours I'll be working!!!!

OK, so I work for a housing association, and a large part of my job has transferred to the local authority. It's hard to explain, but the joint housing allocations group that we've joined hasn't started yet... it was due to start within a few months on me going on maternity, so management decided to sort of transfer it early (although it hadn't officially started yet) so as to be one thing less to worry about whilst I was away!!! But anyway, the start of this has been put back many times, and now has been put back to October... As a part of my role has been transferred, it obviously affects my job! It has never formally been discussed with me how it will affect me, but I heard rumours of a possible Tupe transfer to the local authority before I went on mat leave.
Soooo basically, I'm due to return to work in under 6 weeks and put a request in for part time hours... I got ignored for a few weeks, then today I received a letter... it basically said that they have been trying to get the local authority to accept me under Tupe transfer, but they're not getting any answer from them!!!! They then say that if I return to my current organisation they will need to 'look at my exisiting role and what it might look like on my return' and 'it is possible that we could accomodate your part time request, but until we have a response it remains difficult for us to plan ahead'.

Now I understand that they don't know what the situation is yet, but surely with me due to return in under 6 weeks there needs to be some preliminarly decision come to?!?!? Surely, unless they hear different they need to make a decision on my part-time request and work on the assumption that I'm returning to them and just re-think if Tupe comes to light? At what point are they planning on letting me know where I'll be working and who for, what hours I'll be working and what job I'll be doing? Surely I'm entitled to a bit of notice with regard to these things?!?!? How late can they leave it to let me know? And surely if the new department isn't up and running until October I would have to return to them until then anyway?!?!? So they still need to consider my part-time request in the interim? I'm just confused and would like to have some idea what the situation is! I'm also wary of them talking redundancy if tupe doesn't happen!

Aaaarrrgghhhhh, I hope I've made some sense! Please say if I haven't - it's all a bit complicated and hard to explain! Oh, and the tupe will only affect me as it's only my work that has gone over to the local authority...
So if anyone can help me or offer me any advice as to where I stand, or what I should do, I'd really appreciate it!!!! Hope there's someone out there who knows about this stuff!!!!
Thanks in advance!!!!

 

[My_First]

Tule is a really complicated area and whilst I am familiar with it, it can really vary depending on the type of transfer, how many people, type of company etc.
The simple bit is you need to pressurise on what your working situation is, tupe or not. Seeing as you work for a la do you have a union rep you could chat to?

 

[Caroline:-)]

Thanks, for replying
I'm not working for the la at the moment, but that is who i'd be transferred to... I'm not currently a member of the union, but am wondering if I should join now! Hmmmm... I just think that surely I'm entitled to have some idea what work situation I'll be going back to... But tbh, I'm kind of wary of getting too pushy because our HR department are renowned for picking on anyone who questions them or sticks up for themself - they give you a hell of a hard time forever. They are the most incompetent and unprofessional HR department I've ever come accross - if you heard the things they said & did you wouldn't believe it... so everyone is kinda scared of them and keeps quiet about everything so as not to rock the boat...
Are there any guideliness regarding notice period for tupe? Also, are there any guidelines regarding returning from maternity leave, i.e. how long before you return do they have to let you know what job you'll be doing or what hours you'll be working, etc... I am lucky to be in the situation where my mum will be looking after lo when I return, but they don't know that! I may have been in the situation where I'd be having to arrange a childminder or nursery! Honestly, this organisation makes me so mad... I'm only sticking around so I can get maternity leave again, otherwise I'd be seriously job hunting now!!!!
Thanks again

 

[My_First]

Yes there are guidelines for TUPE, and a whole formal process needs to be followed, BUT it does vary from company to company depending on the size, type etc. Without looking at contract, knowing the company, whats transferring (assets? people ? etc.) it makes it difficult to give advice. You do need to kick up a fuss with the HR department and find out what your job is returning, whether TUPE happens or not. Again, if you are taking the 12 months off it does not have to be the same job, if you take just the 9 months it does have to be the same job.

Heres a little information here:

https://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/DG_065153