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  • FIRST POST
    • weesie81
    • By weesie81 15th Jun 17, 6:15 PM
    • 221Posts
    • 42Thanks
    weesie81
    Requested Voluntary redundancy due to TUPE help please
    • #1
    • 15th Jun 17, 6:15 PM
    Requested Voluntary redundancy due to TUPE help please 15th Jun 17 at 6:15 PM
    My husband has worked for the company for over10 years and they have decide to TUPE all the drivers to another depot miles away from home.
    We share the 1 family car and for financial reasons also this would not work for us.
    My husband made this clear back in February when it was announced and then again in May when he had his one to one with new company he gave them a list of reasons and asked to be considered for voluntary redundancy or to leave with a payout of some kind.

    Today with just over 2 weeks until the transfer happens his company have said his options are TUPE or resign
    We contacted ACAS who have said we should seek legal advice through law centre however we have none near us here in Glasgow, citizens advice have been no use either they don't know what to advise and also said see a lawyer but who, how much will that cost?

    Acas also said a clause in his contract that mentions working anywhere in the U.K. Might be an issue?
    Can anyone give any advice please?
Page 1
    • getmore4less
    • By getmore4less 15th Jun 17, 6:49 PM
    • 29,996 Posts
    • 17,927 Thanks
    getmore4less
    • #2
    • 15th Jun 17, 6:49 PM
    • #2
    • 15th Jun 17, 6:49 PM
    My husband has worked for the company for over10 years and they have decide to TUPE all the drivers to another depot miles away from home.
    We share the 1 family car and for financial reasons also this would not work for us.
    My husband made this clear back in February when it was announced and then again in May when he had his one to one with new company he gave them a list of reasons and asked to be considered for voluntary redundancy or to leave with a payout of some kind.

    Today with just over 2 weeks until the transfer happens his company have said his options are TUPE or resign
    We contacted ACAS who have said we should seek legal advice through law centre however we have none near us here in Glasgow, citizens advice have been no use either they don't know what to advise and also said see a lawyer but who, how much will that cost?

    Acas also said a clause in his contract that mentions working anywhere in the U.K. Might be an issue?
    Can anyone give any advice please?
    Originally posted by weesie81
    What does the new employer say about this they are the ones requiring you to work from the new depot once TUPE over.
    • TadleyBaggie
    • By TadleyBaggie 15th Jun 17, 6:51 PM
    • 2,384 Posts
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    TadleyBaggie
    • #3
    • 15th Jun 17, 6:51 PM
    • #3
    • 15th Jun 17, 6:51 PM
    Sounds like the role still exists, therefore your husband is not being made redundant. So not that unexpected that they are not willing to offer VR. How far is this other depot in relation to the current one?
    • weesie81
    • By weesie81 15th Jun 17, 6:58 PM
    • 221 Posts
    • 42 Thanks
    weesie81
    • #4
    • 15th Jun 17, 6:58 PM
    • #4
    • 15th Jun 17, 6:58 PM
    New place is 18 miles from home current job is 5.2 the fuel and travel time just can't work we have 3 kids and share a car.

    New company not involved today at all just HR and boss of current employment
    • getmore4less
    • By getmore4less 15th Jun 17, 7:55 PM
    • 29,996 Posts
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    getmore4less
    • #5
    • 15th Jun 17, 7:55 PM
    • #5
    • 15th Jun 17, 7:55 PM
    It is the new company that needs to deal with the potential redundancy.

    problem is even without contractual terms to allow the change in location making the move a potential redundancy only 13 miles is likely to be considered a suitable alternative.
    • sangie595
    • By sangie595 15th Jun 17, 9:26 PM
    • 3,793 Posts
    • 6,206 Thanks
    sangie595
    • #6
    • 15th Jun 17, 9:26 PM
    • #6
    • 15th Jun 17, 9:26 PM
    New place is 18 miles from home current job is 5.2 the fuel and travel time just can't work we have 3 kids and share a car.

    New company not involved today at all just HR and boss of current employment
    Originally posted by weesie81
    Sorry to say this, but that simply is never going to work. 18 miles, in law, is nothing. He isn't even close to redundant, and if they won't agree to voluntary redundancy then he is screwed - do the job or resign. It never goes down well when I say this, but it isn't me - it's the law. Nobody cares about your three children or one car. Is this a reasonable job - in law, yes it absolutely is. If he walks away, he has almost no chance of winning. If it doesn't work for you, you need to look for another job.
    • weesie81
    • By weesie81 15th Jun 17, 9:44 PM
    • 221 Posts
    • 42 Thanks
    weesie81
    • #7
    • 15th Jun 17, 9:44 PM
    • #7
    • 15th Jun 17, 9:44 PM
    I appreciate all your replies and honesty.
    It's so frustrating we have tried the journey (not in rush hour) and it was 43 minutes so closer to 1 hour we imagine.
    Fuel costs will be £80-£100 extra per month.
    Currently 10-15 min journey each way just now.

    I can't believe after 10 years they can just expect everyone to move and if they can't make it work for them tough just resign?
    • xylophone
    • By xylophone 16th Jun 17, 4:08 PM
    • 23,107 Posts
    • 13,394 Thanks
    xylophone
    • #8
    • 16th Jun 17, 4:08 PM
    • #8
    • 16th Jun 17, 4:08 PM
    Best to stick it out while looking for a new job closer to home?
    • getmore4less
    • By getmore4less 16th Jun 17, 4:34 PM
    • 29,996 Posts
    • 17,927 Thanks
    getmore4less
    • #9
    • 16th Jun 17, 4:34 PM
    • #9
    • 16th Jun 17, 4:34 PM
    Look at creative solutions using public transport car shares...
    • srisport
    • By srisport 24th Jun 17, 2:11 PM
    • 167 Posts
    • 18 Thanks
    srisport
    I can't believe after 10 years they can just expect everyone to move and if they can't make it work for them tough just resign?
    Originally posted by weesie81
    I can't believe that you would think anything else?

    Think about it this way, If this was your company that you owned and you were told by your finance department that you would save X amount of £'s every year by moving it 13 miles away from its current location, would you do it?

    of course you would, and i bet you wouldn't give two hoots about your employees problems about their child care and transportation costs, because at the end of the day you are paying them to do a job and their problems are exactly that; their problems.

    My suggestion is find alternative routes which could reduce travel time, and in the mean time try your best to manage the situation until he can find a job closer to home which suits your circumstances better.

    Just out of interest, does your husband work in the haulage industry?


    Regards.
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