TUPE-Transference undertaking, I am desperate.

Charlotte_Williams

I have been TUPED over to a new organisation. The consultation period was not done properly because the new organisation did not consulted with me. Only after the TUPE happend I was told they were looking for an office in the local area that until then I could work from home.

That was 22 days ago. They wanted to provide me with a laptop and a phone and I told them that I requiered besides this to pay for the extra room that I need in order to set up a working space (I live in a room and I share the kitchen with other people I dont have a living room) and a desk and a chair and the laptop and etc. By the time beeing I have been booking the library with my library card in order to get access to the internet.

They want to give me the laptop and they gave me a mobile but my request of the room and the other facilities are falling on deaf ears. I am very upset. I know that the current conditions can be provisional because it is a local project and they must delivered it at local level but by the time being it is extremely frustrating to be working without much resources from the library. They have 150,000 to spedt on my project this year adn they dont like to pay for the room.

They have not done a risk assessment from home and at the moment I am confused if I am working from home, from the near coffeee shop or from the library.

Because I am paid a salary I don't have access to legal aid and my trade union rep is to busy to see me.

I am desperate for some advice. I am considering to resign and to claim compensation but I am not sure if I got a case for it because I dont know if working form home is a change of my terms and conditions.

Please help.Chalotte

SomeBozo

Can you elaborate a bit more?

Am I understanding this right?

They are asking you to work from home temporarily until they find a local office?

You are saying that you cant work in your room? As there is not enough space?

Is your room like a dorm room at uni where theres a bed and desk?

From what I can see you only need a internet connection (ie a dongle?)As you will have a laptop?

I am considering to resign and to claim compensation

Compensation for what?

I mus tbe missing something here?

Bozo

Charlotte_Williams

Compesation for not being properly consulted because the TUPE had place and I was not informed that initiatlly I was going to be working from home what can be a change of my term an conditions of employment.

I live in a room and as far as I understand in order to work from home I should be provided with all the facilities and a laptop and a mobile are not all the facilities that I require: I need a desk, a chair a desk and a proper space where to work from and all the stationary. It must be an agreedment about what payment they will do in order to cover expenses such as electricity and gas and if I work from home my tax is affected.

In order to work from home a health and safety assessment must be carry out prior starting. And becasue working from home or the local library left me in a legal vacuum on terms of helath and safety and liability. The employer has a "duty of care" and not risk assessment has been carry out.

ceridwen

Sorry I dont know the facts to advise you on this - but do hope it works out for you.

I can sympathise with the worry about where you are to work - I would turn round and say "just where am I supposed to work - as there isnt room in my home for me to work" - and I have a house (small one mind you!) - because there really isnt. Every room has a purpose and every room is full - so I would require an outside office to work in myself.

Since you only have one room to call your own - then there is no possible way you could contemplate using some of that space for work - no matter how big the room is and how minimalist you are. One room is very very difficult to live in anyway - I've tried.

All I can say is to be persistent with this new employer - they may be hoping you'll go off and "leave them alone", rather than insisting on keeping your job. DONT DO THAT - KEEP RIGHT ON ASKING HOW YOU ARE TO DO YOUR JOB AND WHERE YOU ARE TO BE BASED. This sounds like a try-on on their part to me - dont let them succeed.

You are entitled anyways to keep your work totally separate from your own life - even if you lived in a mansion and plenty of room to spare. No employer has the right to force someone to work from home.

SomeBozo

Hi Charlotte

Compesation for not being properly consulted because the TUPE

"Properly consulted" is not measurable. I have been involved in overseeing 2500 staff across on TUPE. There is no way that I can personally speak to 2500 staff, hence I rely on the union, managers and head meetings to "consult".

Just because you have not been spoken to personally on the consultation process, your manager or union rep should have done. Have you attended staff meetings? Been sent the upcoming agenda? Been sent the minutes? All these things are considered enough to be "consulted".

that initiatlly I was going to be working from home

Have you your orginal contract? Does it specify a base? If it does it also say that your base "can be changed time to time"?

I live in a room and as far as I understand in order to work from home I should be provided with all the facilities and a laptop and a mobile are not all the facilities that I require

Really? I work from home and I have a laptop. I can use this in my lap anywhere. I have used it on the train and on a aeroplane.

What I am trying to say here is that you don't need a desk to use a laptop. You need a desk to use a desktop. I am typing this reply from a laptop sitting on my sofa. Can you tell? Of course not. My point here is that the equipment or lack of space is not a issue with mobile technology.

It must be an agreedment about what payment they will do in order to cover expenses such as electricity and gas and if I work from home my tax is affected.

I get provided with a fully paid for laptop, internet account, mobile phone and VPN account. This allows me to connect to work anywhere. I claim back on my tax return the amount I pay for electric and domestic accounts. I am PAYE also.

In order to work from home a health and safety assessment must be carry out prior starting.

Sorry, but I dont agree.

Check about on these boards. Most people would chew off their limbs to be able to work from home. Its a good thing. You are flexible to work your chosen hours and how you see fit. No office politics. No commute in heavy traffic. Your commute is from your bed to your laptop.

I still think we are missing something here. Whats the problem? Did you manage staff in a office and now you don't (cos you are working from home?).

Theres something else here?

Bozo

ceridwen

There is something else here alright....health and safety.

It is the case that using a laptop with it plonked on one's lap or any old table is NOT health and safety conscious and could result in damaging ones health. Dont do it. Make sure any computer you use is sorted out in a safe way on the one hand. If it isnt - then make sure you have the evidence it isnt and use it on the other hand.

SomeBozo

ceridwen wrote: »

There is something else here alright....health and safety.

It is the case that using a laptop with it plonked on one's lap or any old table is NOT health and safety conscious and could result in damaging ones health. Dont do it. Make sure any computer you use is sorted out in a safe way on the one hand. If it isnt - then make sure you have the evidence it isnt and use it on the other hand.

ceridwen

Your heart is in the right place and you are valued poster on these forums.

However, all laptops supplied in the Europe are H&S reged for use in lap, or on

an old table

. Its the defination of a laptop.

I'm sorry but the H&S issues of a laptop, used in your lap, is not a a)TUPE issue, b)H&S issue, c)reason to ask for compensation.

Have you ever read the literature that comes with any PC/laptop.

Its a moot issue, sorry.

(No disrespect intended).

Bozo

ceridwen

Well....I'm glad you say my heart is in the right place....as I DO care and hate seeing people badly treated...I've had too much of it myself to stand back and see it happen to someone else if I can make a difference.

But it is the case that computer screens of any description need to be the right distance from the person and the right height for them to see them clearly. I'm not an expert on the regulations - I just go by what is comfortable - but these things can cause a lot of health problems if not properly set-up.

Charlotte_Williams

The case is that the health & safety risk asseeement is not a matter of choise it is compulsory and and employer can not force you to work from home.

Elizabeth

matty2767

i think you may be right and an assessment needs to be done as well. surley whilst working from home the place you work is an extension of the office and as such the company is liable if you damage yourself haunched over a laptop (say) by not ensuring you have the correct chair and desk etc. just my thoughts and i dont have any knowledge on this so dont quote me

tinkerbell84

Charlotte_Williams wrote: »

The case is that the health & safety risk asseeement is not a matter of choise it is compulsory and and employer can not force you to work from home.

Elizabeth

Charlotte/Elizabeth???