Tupe? Is there a max distance for relocation ?

Jesthar

We had a huge TUPE out of staff in my department at my sizeable company last year, and it can be tricky (was involved as a Union rep). TUPE regulations bascially apply in situations where the management of an area of work currently done by one company is being taken over by another (in our case, all our engineers went out to contractors), and the following criteria must be met for TUPE to apply:

• you job (as in what you actually do day to day, NOT what your contract says) is transfering over to the new company
• your employment terms and conditions will transfer with you (no new contract)
• your continuity of employment will be maintained

Contrary to popular myth, there is no set limit for a 'reasonable' relocation difference, as what is 'reasonable' for one may not be so for another (for example, a relocation to a place with no/infrequent public transport might be OK for someone who has to now has to drive a few miles further out of town every day, but not to someone who cannot drive). So this must be determined individually for each person, and you can't be told "X has agreed to do it, so it's reasonable" - it has to be reasonable to you, and the company leaves themselves open to unfair or constructive dismissal claims if they take a hard line.

Suggest you have a look at this: http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10028541

Also, DO speak to ACAS, and if you're in a Union now is the time to get them involved.

Personally, though, I agree with Poo and ceridwen - they seem to be trying it on. So key point here is the first bullet point above: are you and your colleagues actually servicing the plant which are being bought, or other plant - i.e. is the work YOU do currently now for your current company going to disappear and be done by the new company in the future? If not, you can't be TUPEd, simple as that, as your work is not going anywhere...

You also need to check your contract for mobility clauses (which might say they can request ou to relocate anywhere, although it should be noted 'reasonableness' still applies) - if you have a fixed location stated and no mobility clause the company will have a hard time justifying a 3-4 hour move. Oh, and unpleasant as it sounds, you might want to look for a pattern amongst those put forward for transfer, such as age or wage level, in case they are tying to offload those it will cost them more to give redundancy too.

But most of all, get some professional advice!

~Jes

getmore4less

Looks lke the new boys have caught on the deal includes people they don't want so will end up with a redundancy bill so will want to factor that into the deal.

Due diligence will also show that their is no contractual revenue with the plant so unlles they need the kit to fullfill jobs whats in it for them.

Not a good idea to let them know you have a job to go.

tay14

i haven't told them about the job dont worry, if the new firm was in the same location doing the same job that would be fine. the attitude of the laing o'rouke h/r dept that has really p***ed us all off,its just like there offering no support,wouln'd answer any of the lads questions and at one point just said "theres no point asking any more questions because your getting tupe no choice".

tay14

only the 7 who are up for tupe worked on the plant thats been sold but we also worked on all other plant at the company,so thats way there saying we are up for tupe and no one else.at the moment there are some items of plant on site which some off us are looking after so this could come under the tupe rule but for the last 3 months me and one other guy have been workshop based and having nothing to do with the plant for sale.

ive spoke to acas and were all going to get together next week and get some legal advice. cheers for the replays paul.

getmore4less

tay14 wrote: »

i haven't told them about the job dont worry, if the new firm was in the same location doing the same job that would be fine. the attitude of the laing o'rouke h/r dept that has really p***ed us all off,its just like there offering no support,wouln'd answer any of the lads questions and at one point just said "theres no point asking any more questions because your getting tupe no choice".

Hr work for the company don't expect anything from them they will tell you aything they think will get you of their backs they have no interest in telling you things that might be in your favour, they hope you will believe them and not check.

Even the legal advice will be along the lines, you could probably getaway with try ing TUPE and save the redundancies.

It wil be down to the potential buyer and yourselves not both getting stuffed.