Can my company make me work my notice for their 'sister' company?

Amy_Reeder

I currently work for a healthcare company as a mental health nurse. I have been told my hospital is shutting down and I will be made redundant. We are currently in our consulation period and this will last until June 8th. After that we are being given 28days notice. My hospital doors are shutting on June 3rd and we are being asked to work our notice period in a different hospital. This different hospital is not owned by the company I am employed by, it is infact a different company with a different name but owned by the same man and run from the same HR department. We were told that we could apply for a permanant job with this other company but would have to go through interview process again and complete a new CRB check. However, they want us to work our 28 days notice there? I have read my contract and it says we can be moved to a different location at the companys discretion but if my hospital (and my company) is closing down, can they make me work my notice within their other company, especially since they won't let us transfer there automatically should we want a permanant job?

Your help and thoughts would be greatly appreciated.

Amy

getmore4less

I would check the notice periods, unusual for everyone to have worked less than 5 years. Statutory notice is one week per year.

Amy_Reeder

The hospital is brand new, only opened in February and is already closing down due to financial issues hence why we are all new employees.

Andy_L

What does your contract say about place of work? Does it say hospital A only, any hospital in a (defined) geographic area etc

mazy_m

You know it might not be such a bad idea working there if you intend to apply for a job there as you can get in and get your face and name known.

Amy_Reeder

I actually have no intention of applying for a job there. The company has been a shambles from the beginning and redundancy is a lucky escape really. What I really want to know is do I HAVE to work my notice period at this other company? Contract just says that I ajm contracted to work at "Hospital name" and other locations at the companys discretion but my company only has one hospital which they are closing so they want me to work at another company which surely means I don't have to go seeing as it isn't MY company?

getmore4less

Can you use the CRB as a reason, are they transferable presume not if you would need a new one.

Not sure if other locations could mean for other companies.

another angle might be to ask for prove of insurance, the other company policies may only cover their employees.

What can happen if you all just say no,

They might decide not to pay you.

I would then let an employment tribunal decide if they should pay up.


What is happening to the services they provide?
If those are contracts and transfering elsewhere might there be case for TUPE transfers?

Gothicfairy

A couple of thoughts
As you are a still in your first year with the company they can not force you to work your notice anyway..although it would look bad on you and would reduce any money owing etc.
I think that as your place of work is closing they can ask you to serve your notice period somewhere else but I would check with the union about payment for the extra travel etc

As you are in your first year you might well end up with nothing as part of the redundancy package so you have to weight up what is best for you..if the company has a bad rep and you are sure you can get another job without a reference from them then of course you could just leave but if you need the reference and the money then you might find you have no option but to move to the other site for the notice period.