Difficult Times (TUPE, Contracts)

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Afternoon all,

I'm hoping someone will be able to help me as I am in a serious predicament in regards to my job situation.

Basically the station I was working for was on the rocks, so I decided to go back to a handling agent I worked for the previous summer, on a fixed term part-time contract, with the hope that it would become a permanent contract, as through natural wastage, and new contracts etc that an opportunity would open up, as it had done the previous year, but I was unable to accecpt.

However the same day I handed in my notice I was told that the station was going to close anyway, and that ALL the staff would be TUPE'd across, and that because I would be on a fixed term contract I would be out on my backside come October! as I would only be a temp at that point.

Surely at the end of the summer season, and after the transfer of contracts everyone would be interviewed regardless if they were current handling agent or the defunct one. And, although I would only have a tempoary contract I would have the right to apply for a position?

My other point is that surely not every member of staff will be TUPE'd across? If the issue was that the now defunct handling agent was over staffed why would the new one take on the same problem?

Your thoughts please.....

SL

[commit aviation]

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Suggest you to take a look at "Servisair Cardiff to Close" thread. Post #7 covers the TUPE scenario fairly well.

All the best.

[Dropline]

If you are on a temporary contract now, and are TUPE'd across to the new Handling Agent, then your T&C's will remain the same - ie you will still be on a temporary contract. So yes, if there are going to be redundancies in October, and you are on a temporary contract, then i'm afraid you will be first to go.

[boeingbus2002]

Couldnt you retract your notice? If you know your managers well, maybe they would be understanding considering there is only a day or so in it.
Alternatively, the new company may require more staff. Work meeting and discussing options directly with them. I've known staff who have discussed their options with potential new employers and although t&c's were different, they were able to secure Full time employment by reapplying as a new starter.

[ReadyToGo]

Difficult call to make!

I know someone who was in a very similar situation.

A good friend of mine, was on checkin for Servisair at NCL, she got wind of the loss of the Easyjet contract and quickly got an application in for Gate Aviation, (who had won the EZY contract) even before the jobs were advertised. Gate offered her a job and she snapped it up, feeling very smug that she had at least secured a job before she was made redundant. Even though Gate was a drop in wages and poorer terms and conditions.

Then came TUPE, and a lot of her colleagues came over to work with her. As a result her colleagues kept their higher wage, and she was left at a loss.

At the end of the day, while she admits she was very hasty in getting out of Servisair, at least she has a job, and in this day and age that counts for a lot.

If I was you, I'd play it safe and accept the part time job, and work your backside off, do all and any overtime going, agree to stop back when needed and make sure that if anyone is going to get a permeant contract it will be you. Look at it this way, a part-timer who goes beyond the call of duty will have a better long term future than a TUPE staff member who does the bare minimum.

Good Luck

RTG!