travelling distance under tupe

Lakeuk

Yes that's how I understand it

terra_ferma

Does your contract mention that you have to relocate?

http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10028541

If you don't have a mobility clause in your contract, and the relocation is more than a short distance, you can decide not to move. In this case, your employer may make you redundant.

Also look at:
http://www.is4profit.com/business-advice/employment/tupe/4-dismissals-and-redundancies.html

FirstTimer4Me

hiya

ta for helping me some good information in the links

terra_ferma wrote: »

Does your contract mention that you have to relocate?

no - ive looked through it and dont see anything about relocating

terra_ferma wrote: »

http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10028541

the info in that link was easy enough for me to understand and is what i was looking for

terra_ferma wrote: »

Also look at:
http://www.is4profit.com/business-advice/employment/tupe/4-dismissals-and-redundancies.html

thats a bit heavy for me to get my head round but the info in the other link is good enough

ta very much for the help i feel better now i know what my boss can and cant do.

terra_ferma

Sorry I had not noticed your signature.
Glad I could be of help.

lijaloo

I am currently going through this as I am subject to a TUPE transfer. The rules are quite complicated but I have discovered that

1 If you do not want to transfer to the new organisation then that is your decision. You will be treated as having resigned and you will not be entitled to a redundancy payment. Even if your current employer can offer you a job, you would still need to resign your current post and would be treated as a new employee with new terms of employment.

2 Once transferred to the new employer under your current terms you could argue that it is unreasonable to travel the extra distance. Depending on you current terms (what does it say about where you are expected to work?) you may have to resign and argue breach of contract. A recent case at employment appeal tribunal deemed that it was unreasonable for a person to travel an additional 2 and half miles to work. This was because her terms of employment were such that that she would be working in a particular area. The new employer covered a different area.

I suggest you contact ACAS who are happy to advise.