03 Jun 2016

A question about : Dont want tupe

I work at a council and we have been told that our jobs are being tupe to private company in april. I dont want to go into private sector so i am looking for a transfer to other jobs in the council by applying for them. This is where the problem is as i have had a couple of disiplinaries in the last few years for things like doing private works with council equipment and booking time wrong plus a couple of sickness meetings on my record. The union proved i wasnt to blame and i got warnings but now i want to apply for other jobs im hearing that even if i apply i will not get an interview or the job becuase it would be with the same people who were involved or know about my cases. Can they do this even if my application is as good as others?

Best answers:

  • Crossposted. Replies on the other thread https://forums.moneysavingexpert.com/...=#post49763215
  • Not usre why you posted the same thread twice, I perhaps would re-word your posts as it does appear very troll like, after reading what you have written (if it is true) it may prove difficult to re-position within the company your application may not be as good as others, unless they are thieves too , afaik once a tupe deal is done, there is no escape
  • I wouldn't want a tupe either! I prefer my own hair!
  • Having read both threads I agree with the other posters. The union did not prove that you were not to blame, and frankly, it's hard to imagine how you could not be to blame for falsifying timesheets or using council equipment to do private work - I presume that the payment you must have received for this private work, or the other benefit you derived from it was paid back to the council? Had they proven this then you would not have been disciplined. And a manager signing your timesheet does not prove they must have known it was falsified - it proves that they trusted you, obviously without just cause.
    The warnings may have exprired, but obviously you are correct - there is nothing you can do to wipe this from memory, and also nothing you could do, if your applications are unsuccessful, to prove that this was the reason. And actually, even if you could prove all that, very probably no legal case anyway. The law says that an employer must not discriminate on protected grounds - race, gender etc. It says nothing about discriminating because they don't want you. You are not being dismissed - your job will continue to exist but with another employer. And frankly, more than likely with an employer who would have regarded either of the misconducts as gross misconduct and dismissed you. So in your shoes I would make sure that my act is impeccable in the future.
  • If you could leave your job early with your manager's agreement but still get paid for a full day's work, I'm sure you don't want a job in the private sector.
    The public sector gravy train has run out of steam for SOME employees.
  • As a fellow public sector worker, you should have known better to commit fraud by doing private work in their time, leaving early in cahoots with your manager. You should have in fact reported them to the internal audit team. Fraud is bad enough in a private company, but when it is tax that people who work/have savings etc have no choice but to pay tax, your behaviour is wrong. And the fact that you cannot recognise that is even worse, you are immoral. I don't know much about the law, but I do know this "qui quaerit, necesse est aequitas mundis manibus" HE WHO SEEKS EQUITY, MUST HAVE CLEAN HANDS It is people like you that give us all a bad name.
  • WOW OP I bet the much maligned public sector are pleased to have you on board.
    to answer your question please read post #10 and good luck
  • That may be internal policy but a failure to follow it would not give rise to any form of legal redress on its own. There would have to be some other unlawful discriminatory element as well. So basically, you may be right, but apart from getting your union involved (which you have done) and possibly commencing a grievance, there isn't much you can do. Even if you force their hand and get an interview, you can be pretty certain that if they don't wish to give you a job, they won't and there won't be much you can do about it.
    To be honest, and apologies for sounding harsh, they are probably pleased to see you leave under TUPE.
    It is important that you understand that TUPE is not a redundancy situation, so your employer has no duty to offer you alternative employment. Your job continues to exist with the new employer, with your continuity of service protected, together with your existing terms and conditions (for the time being at least).
    You may find it a bit of a culture shock working in a commercial environment though!
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