TUPE Questions

mrfrugal

Hi,

About a dozen of us are under a TUPE and are jobs are being transferred 150+ miles away and I am currently thinking of questions to bring up in my consultation...

Surely this is unreasonable?

I have come across this TUPE PDF...
hrresponse.co.uk/Documents/TupeRegulationsDec09.pdf
and there is an interesting bit, under the heading refusing to transfer...

Hence maybe asking this question in the consultation...
"Is the commuting distance to the jobs advertise reasonable?"

so perhaps a good sentence to add would be something like...
"I would like to clarify that my refusal to transfer is reasonable. The new company is relocating more than a commutable distance from it's present location, which is unreasonable."

If I was dismissed I surely would have a good case to claim unfair constructive dismissal?

Also if they agreed to redundancy would it be compulsory or voluntary? I would prefer compulsory.

Thanks.

SarEl

Why would you claim constructive unfair dismissal - you have not yet been given any cause to, and it's the hardest one to prove?

It is entirely reasonable to say that 150 miles is an unreaosnable commuting distance, in which case you will be made redundant (compulsorily). I am not sure why you would prefer this though! It wouldn't make any difference except for the fact that voluntary packages are sometimes better!

mrfrugal

SarEl: Thanks for the prompt rely. Not the case with my company... there are 2 tickboxes, one saying that you will transfer and one saying that you won't transfer and that you will waver various rights etc. At the moment they are saying that it would be voluntary redundancy. The package is 2 weeks for every year you have worked.

SarEl

Well apart from the fact that you cannot tick a box to waive your rights...

Why are you opposed to voluntary redundancy? If you could explain that it would help!

mrfrugal

well basically the job is moving some 6 hours commuting distance away there and back and there is no alternative job offered in the area, hence this is not a voluntary redundancy situation as the commuting distance is unreasonable.

If I took voluntary redundancy my payment protection insurance would not pay out and I would not be entitled to job seekers allowance until 6 months time. Something after working some 23 years I think I am entitled to.

I have took advice and it has now been sorted. The option was not to tick any box but state in a seperate letter, something along the lines of...

"I write to confirm that I elect not to transfer to XXX due to the unreasonable commute this would involve.

Please accept this as my response to the Tupe consultation."

Then it proceeds to a compulsory redundancy or is seen as such.

kilos

I to are looking for TUPE answers, this is my experience with TUPE, listed below.

I was informed Thursday, I am being TUPE to a new employer on 24th June. Reading the Q + A sheet (Question & Answers) it states, I got no say in this transfer, its happening and thats it.

Also theres no redundacy package as the job still exists with the new employer and is available. If I say no, its seen that I am leaving on my own back.
This new employer operates this service 54 miles away from my present employers location.

54 miles or 108 miles in total is 28,080 miles a year; thats a lot of miles.

New employer visiting next week for talk, however in 4 weeks time, I
either be working for the new employer, redundant or unemployed.

They are cutting it fine.

getmore4less

It is the new employer that has to deal with the potential redundancy due to the job relocating.

hcb42

54 miles away is a bit much, although it depends where you live I guess, as to whether it is good or bad

remember you are on holiady for at least 5.5 weeks of the year so I get a lower annual mileage - not that I think it is a reasonable move)

p00hsticks

mrfrugal wrote: »

If I took voluntary redundancy .....I would not be entitled to job seekers allowance until 6 months time.

I'd recommend that you double check on the Benefits board, but I'm pretty sure that this is no longer true.

getmore4less

contributions JSA can be claimed immediately.