TUPE Relocation question

Ark_Welder

Try contacting ACAS at www. acas.org.uk

SarEl

piptom&AndyPandy wrote: »

Hi
I am currently under TUPE -hope this helps!
TUPE is the transfer of the position you currently do to another company -if the company make you redundant automatically or because the location for you to get to it too far it is an AUTOMATIC constructive dismissal irrelevant of length of service.

It's important to note that a lot of companies DO NOT understand TUPE, basically they try any thing they can do get away with it. If they want to make you redundant or want to make redundancies then they need to run 'assessments and or matrixing' to ensure that it's done fairly and even 'their' perm staff (the ones under the other company name) must be subject to this.

If you have specific questions pls inbox me -my source is my wonderful FIL who is a HR Director

x

It is also true that a lot of employees do not undersatnd TUPE. A change of location is not an automatic unfair dismissal. An employer taking over a company is prefectly entitled to terminate a work location, and whether that is fair or unfair depends on the circumstances. In this situation the employer is arguing that for ETO reasons there is a valid redundancy situation, and the only people who can determine whether that ETO reason is valid are a tribunal - categorical statements from anyone else are nothing more than guesses.

And my source is being an employment law barrister for 30+ years, who wouldn't have any work to do if HR directors always got it right!

OP - this is the situation for you. The crux here is whether the new roles are similar enough to your existing ones to make this a detriment directly connected to your TUPE, and in the end the only people who would be able to give you an absolute answer to this is a tribunal. That is always a gamble, but it is one you have a right to make, providing you understand that it is one. There is no absolute answer in the law - the answer lies in the interpretation of the law, which is the tribunals job. It is possible that if the roles are judged to be similar enough, then all employees in those roles should be put at risk - yourselves and the head office staff - and employees selected from a wider pool. But this would only get you to the same position you are currently in because your would still be moved to the new location, and if the jobs are similar, but not the same, there is an argument that they are not your existing jobs and are therefore on different terms and conditions. Although you could not be forced to take a job with lower pay and conditions, you would simply be redundant - ergo we are back in the same place.

Nobody can tell you how a tribunal is going to interpret the law on this. Even in my "day job" with all the facts and evidence at my fingertips, the best answer I could give you would be an "educated guess", and I would still tell you that a claim would be a gamble - the best anyone could do for you is estimate how much of a gamble it is. Anyone who gives you absolute answers doesn't know what they are talking about. In the end, this is down to your judgement and your decision.

SarEl

Mediator_TW wrote: »

Well said!!!! There is so much confusion surrounding TUPE and the rules and regulations. The only place you can get a conclusive answer seems to be an Employment Tribunal! Maybe Tribunal Wizard can help you! Google it for more information.

Anyone having issues need to keep every notice, email and communication, keep notes of dates and events so you don't forget. You might need the information in the future.

It is against the rules of this site to advertise your services.


Nobody should be contacting any company who operate in this way - no reputable company would need to.

dacouch

Using a Poole mailbox as an address and by the looks of it a skype telephone number

Looks like it's actually run by Jonathon Baldrey of Gipsy Hill in London, his mobile number iand address is out and about on google should anyone have a problem with their service and need to chase it up