UNISON request Capita to withdraw their proposals
UNISON request Capita to withdraw their proposals
Dear Capita
I have a major concern regarding the lawfulness of the proposals to make employees redundant in the forthcoming TUPE transfer. Individuals who are made redundant will clearly be dismissed for a reason connected with the transfer which will be automatically unfair unless there is an economic, technical or organisational reason entailing a change in the workforce for the dismissals.
Whilst redundancy consisting in a reduction in head count may constitute such a reason the EAT in the case of Abellio London Limited v CentreWest London Buses UKEAT/0283/11has held that place of work redundancy does not. The forthcoming dismissals will therefore be unfair and I therefore invite you to withdraw the proposal to dismiss.
Best wishes
John Burgess
Branch Secretary
Barnet UNISON