TUPE & Mobility Clauses

krazyburd23

getmore4less wrote: »

You need to look for angles:

Looks like the redundancies were part of a restructure to make the sale viable.

Why did they keep you?
Were the other team pooled with yours for the previous redundancies?
Is it more than 3 months?

Any way you can argue you are not part of the team anymore.

Do the new companyy have any offices near your current one.

What about working from home.

What do the other 4 think about the transfer?


DO NOT BELIEVE YOUR HR

Yes, I agree the previous redundancies were probably getting us ready for selling. I was 'excluded' from them as they were admin staff and they transferred their work to another office (which thinking about it now must have been a temporary measure as that is also going to the new company). I think they kept me as I do a different role that would fit better with a potential new company (plus I knew how to do most of their work, so I helped them out a lot when the team left). For the last few months, I have been complaining about my role and lack of work but its fallen on deaf ears, there has been rumours for months that they were trying to sell us off so I started to think I was just there so they could make it look like we were a functioning business to any potential buyers.

I havent been able to find any locations close to where I am currently working. Plus I dont drive so really I need to stay local to where I live.

I have also previously refused the work from home option due to the social impact but if its the only other choice I would reconsider it.

The other guys are just hanging on for more information, it seems they are just riding the wave and waiting to find out more. I dont think they are having their consultation meetings until next week.

krazyburd23

snowcat53 wrote: »

Not sure how helpful CAB will be but try.

It is still possible to find a good employment lawyer and pay for advice. It may be the best money you ever spent if it stops you losing your job.

I will definitely be considering this. Someone also told me it might be worth asking if they have a budget for us to use for legal advice, I doubt they do but I will be asking anyway

I dont trust them as far as I can throw them. I emailed HR this morning with questions etc and made it clear I wanted the answers prior to the meeting so I could seek advice. The response I got was I have been in meetings all day we can discuss tomorrow........I have made note!

SarEl

Little bit of a long shot here - but mostly out of desperation on my part because I am not convinced from what you say that the relocation can't be forced, which would put you back to the relocate or resign option...

Just how terrified are you of trains? I am not being nosy - can you evidence this phobia medically. Because it might just qualify as a disability. But this comes with a health warning - it could help you or get you dismissed on capability grounds. But given you are in a cleft stick the risk may be worth considering. I am not sanguine because your existing employer has already tried to transfer you to London - so even if this isn't an existing office, that weakens your position. The only reason you are left where you are - because the fact is that you should already be in London - has been your current employers inertia in doing something about the situation. Leaving someone in an office on their own and isolated from their team due to inertia also isn't good! It is possible that rather than fight a disability claim the employer may be willing to cut their losses and pay you off. But as I said, it's something of a long shot and would depend the degree to which you could evidence the impossibility of relocating - and it isn't a risk free strategy either.

krazyburd23

feel free to be as nosey as you like i am very scared and over the years it has got worse. when i first joined the company if i had to go there for a meeting it would only be if i had someone to accompany me. more recently it has been worse and i have avoided it completely, they now visit me instead of making me go to them (i sound like employee from hell, dont i). unfortunately i have never bothered seeking councilling or anything as i havent really needed to, i guess i should have really!

i will still try and argue that by them playing up to this for so long that must be acceptance on their part and if thats the case i feel like they are using it to their advantage to force my resignation!

SarEl

Realistically speaking, no matter what the outcome here, if you are that frightened then you should seek medical intervention. It does get worse, and it may become, if it isn't already, a disability. And a real barrier to your working life. You cannot expect to avoid the need to to go on a train (and such phobia's can extend into other areas of life over time), and you cannot reasonably expect future employers to allow for it unless you do something. I have a couple of friends with such issues - one has become so phobic that she becomes panic striken if her husband takes her to a different supermarket because she cannot cope with anything in the outside world. She and her husband "left it" too, because it was just a small problem that got bigger. She now cannot work at all, can barely go out, and the entire family are now dependant on disability and carer benefits instead of wages. You may never get that bad - but equally you may. Life chnages, like losing your job, can make things worse - fears build on existing fears until you end up with a whole plethora of phobias. So no matter what happens here, you need to seek help. You know that it isn't easy to get work right now, and whether they pay you off or not, that money won't last. The harsh fact is that you may need to learn how to cope with trains if you cannot find other means of travel.

Googlewhacker

krazyburd23 wrote: »

feel free to be as nosey as you like i am very scared and over the years it has got worse. when i first joined the company if i had to go there for a meeting it would only be if i had someone to accompany me. more recently it has been worse and i have avoided it completely, they now visit me instead of making me go to them (i sound like employee from hell, dont i). unfortunately i have never bothered seeking councilling or anything as i havent really needed to, i guess i should have really!

i will still try and argue that by them playing up to this for so long that must be acceptance on their part and if thats the case i feel like they are using it to their advantage to force my resignation!

As you probably know avoidance is the worst thing you can do for a phobia or obsession. Whatever the outcome go get help and overcome your phobia.

krazyburd23

Hi Guys,

Thought I would update you. Had my meeting as planned on Friday and basically they have said that as they agree the new journey would be unreasonable so that would mean the option of tupe or redunandancy.

They said that they cant actually make me redundant and wouldnt want me (more likely the new company), having the agro of moving across and then going through it, so have said it will probably mean they use the compromise agreement route instead.

So basically even though its still a pants situation its not as bad as it was before, I was just terrified that I would only have a couple of months to find a new job but at least this will give me a little bit longer (I hope). I applied for a couple of things over the weekend and will be hot on the case from now on, but obviously appreciate its going to be quiet for a couple of weeks with Xmas etc.

I dont know anything about these compromise agreements, is there anything I need to be careful of?

Also, I agree with you, I need to get this stupid train thing dealt with, I will definitely be working on that aswell

SarEl

You will have to take independant legal advice on the compromise agreement - it's a legal requirement - so there is no reason to worry too much about this.

Godd luck with the "stupid train thing" - I suspect you will find that with teh right help it won't be too difficult at all. It's the facing of it that will be hardest - after that it's just a case of building your travelling time to get used to it. You never know - think of all the epic holiday journeys this will open up to you!

krazyburd23

Thank-you I am already thinking of all the people who live a train ride away and I've not seen for ages, I am guessing they'll be getting a visit from me some time soon. I think it will definitely be easier to get over if its in my own time and I am not necessarily doing it at the busiest times of day. I guess time will tell and I will have a little time on my hands so hopefully I can make a difference

Yorkie1

Good luck KB. I have exactly the same obstacle to face at some point soon and know that in the New Year I need to start making small journeys so as to increase the frequency and then duration of doing it.