Redundancy or enforced TUPE?

APJ

We've been advised our function is to be outsourced. There are two potential outsourcers, one a long distance away and another 16 miles away. We know TUPE applies, but none of us want it, preferring to take redundancy.

The question is - if the outsourcer was local - can they insist we are TUPE'd across and refuse to pay redundancy? The difference is 16 miles, 30 minutes travel time by car. Our current contracts specify only current location as place of work.

All thoughts welcome!

Andy_L

16 miles more is probably "suitable alternatice employment". However there are no hard & fast rules on distances/times.

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/DG_10029844

Jarndyce

16 miles is well within the guideline set down by the various case law on the matter, which starts to question suitability only at around the 50 mile/90 minute mark.

You don't have the right to express a preference, as I'm sure you know - redundancy is not a right, it is to be avoided by employers at all costs. So I would say you have to accept the transfer to the new location or resign.

snowcat53

Do you have a mobility clause in your contract? If not then you are in a stronger position. If you can make argue that the change in location will have a 'substantial and detrimental impact' (has to be considered from employee point of view) there may be a case. Take up with your union / a good employment lawyer.