TUPE and Notice pay

MovingtoLondon

Hi

I wonder if anyone has some advice for a newbie in the forum.

Basically i work for an outsourced company, the company we are contracted to has been taken over and the new owners have served us with a letter of termination. We are on 3 months notice so all is fine with that.
As an outsourced company my firm have to try TUPE to another site if possible before serving redundancy on me.
Because i was considering moving to London anyway, i have said that yes they can look at TUPE-ing me to one of our sites in London. if they can't find me a TUPE position then i still get 3 months pay because of the 3 month notice, whether we work it or not.
(I am not eligible for redundancy pay due to length of service)

My questions are...

Because i've volunteered to relocate do relocation costs still count?

If the TUPE role starts beginning of July for example and i can't move down there, for family reasons, until august, would i still get any of the 3 month notice pay to help tide me over, or once you've agreed to TUPE does any notice pay get withdrawn/stop?

Any help is appreciated

p00hsticks

I'm not sure I follow where TUPE comes in to it - is the following correct ?

You used to work for company A, but then were TUPEd across to company B, who were contracted to continue doing work for company A

You remained doing the same job as you had for company A (although now outsourced to company , but the contact between company A and company B is now coming to an end.

Therefore your position is redundant, unless company B finds you some suitable alternative work.

You're interested in re-locating for another position in company B

silvercar

I'm not an expert, but I would have thought that:

a) you would only volunteer on the basis that you would get the relocation costs. After all, no-one says they will accept a move and offer to pay relocation so it must be in the budget.

b) you won't be on notice because you have agreed to transfer, so you will be paid your salary throughout. I would expect you to be on full pay throughout. If they got really sticky about starting in July, you may be able to take some leave but I would expect that you be given some time off with pay to organise the move.

MovingtoLondon

Sorry pOOhsticks no.

Company A outsources their facilties solutions, they employed Company B, the company i work for to do all their workspace solutions work for them.

Company A has recntly been completely bought out by a private company, thereby creating a new company, so Company C

Company C has decided that it doesn't want to continue outsourcing facilities when it can do them in house, therefore Company C has served notice on the contract my company, B had and they are also closing the site. People who worked for Company A are going through a business review to see who stays and who goes but that does not apply to us as we are merely an outsourced company whose contract has been terminated. Company C has to give us 3 months notice though whether we work it or not.

Company B, my Company provides Facilties solutions to a nhumber of large companies across the UK and has offered to find roles within other sites where possible which is where the TUPE comes in, I will still be employed by my company, just at a different contracted site.

Because we have companies all over the UK that we work on behalf of, i agreed that TUPE could be looked at in London and where i currently live.

Does that help?


Silvercar - thank you for your comments!

marie-20

Hi there - we are just going through/gone through the same thing.

Our TUPE'd company (if you know what I mean!) paid out relocation incentives to everyone that wished to move closer to site on their 1st pay so 1 month after (nearly) we transfered.

They also allowed people paid time off to move but everyone had to start at the new office on 1st April which was our transfer date. If you were unable to work in the office from that date you had to take the redundancy.

Also if you transfer by TUPE you won't get the notice pay as you aren't being made redundant :-( which is rubbish I know!!

I think some things are specific to your employer though - speak to your employee rep and get them to find out for you.

Good luck whatever happens!!

silvercar

So company B either make you redundant or they transfer you to a new company under TUPE.

If they transfer you, then it would be under a mutually agreed transfer date. So there would be no time when you weren't working for company B or the new company.

Relocation costs will be according to whatever agreement they make with you or what they offer as standard. As you will be relocating across country it is quite reasonable to get a few days paid to look at the area plus a few days to actually move.

Given that your length of service means you aren't entitled to statutory redundancy, you need to negotiate carefully. The company won't be saving any money by transferring you as there is no redundancy money to save.

Any idea where you will be working? Are you renting or a home owner? (houses can take a while to sell.)

getmore4less

Not rure if you have that right

Sound like one of the following

if you work for an company that does stuff for others

If they have lost a contract then there may be TUPE to the company that has the contract(if fact it might be required)

or you could just be redundant.

Or the company you work for might find you other work.
This is not TUPE just normal redundancy requirements to find suitable alternatives.

p00hsticks

MovingtoLondon wrote: »

Company B, my Company provides Facilties solutions to a nhumber of large companies across the UK and has offered to find roles within other sites where possible which is where the TUPE comes in, I will still be employed by my company, just at a different contracted site.

I understand now - but what you describe isn't TUPE - that's where your employment is transferred to a diffrent company; your intention is to continue working for company B.

From the sound of it your current position is redundant, but your company is offering you another position in a different location.

My understanding is that a position in a different location wouldn't count as a suitable alternative for the purposes of the redundancy rules - that is, if they asked yo uto move you would be entitled to refuse and ask to be made redundant instead.

But I also don't think that you'd be entitled to insist that the company pay to relocate you rather than making you redundant if they don't want to.

So it's just down to what you and the company can negetiate as being mutually acceptable.

getmore4less

If TUPE applies those working on the contract would be taken in house.

It may be that this should be an option that is looked at.

If you stay working for the same company at a different location then htere is no TUPE.