TUPE and Redundancy

Jeanoj

If a service (i.e. the finances of an organisation) is being contracted to another organisation and the person currently doing this work is refused redundancy (22 years service) because they were offered a post with the new organisation but they refused because it involved travelling from London to Wiltshire, is this constructive dismissal? What should the person do, if they have a case?

Thanks for any help or advice.

katsu

They need to look at the mobility clause in their contract of employment to see what it says about relocation.

If the person feels they have a case they would need to make an employment tribunal claim against the new employer (the firm to whom they TUPE transfer). They can find the form to make the claim online on the employment tribunal website, or they could go to Citizens Advice or call (or check the website of) ACAS - free employment advice service funded by government.

I suggest they get the relevant contact details from the ACAS website and discuss their situation with them.

DUTR

Jeanoj wrote: »

If a service (i.e. the finances of an organisation) is being contracted to another organisation and the person currently doing this work is refused redundancy (22 years service) because they were offered a post with the new organisation but they refused because it involved travelling from London to Wiltshire, is this constructive dismissal? What should the person do, if they have a case?

Thanks for any help or advice.

They could try, but prolly would not win, otherwise you would see many many more get out of a TUPE transfer for one reason or another.

Debt_Free_Chick

Jeanoj wrote: »

If a service (i.e. the finances of an organisation) is being contracted to another organisation and the person currently doing this work is refused redundancy (22 years service) because they were offered a post with the new organisation but they refused because it involved travelling from London to Wiltshire, is this constructive dismissal? What should the person do, if they have a case?

Thanks for any help or advice.

Can you give us the bare facts of the situation, please? Is it ....

Person works for a company, in finance
Job is based in London
Finance is outsourced to an external provider
Person is TUPE transferred to the external provider
Person refuses transfer as new job is based in Wiltshire

What discussions has the person had with their employer - new or current?
Has the transfer taken place?

And, as already asked, what does the current contract state about place of work and relocation to another area?