TUPE & Mobility Clauses

krazyburd23

Good luck to you too Yorkie, lets make 2012 the year where we take control of this and enjoy lots of new adventures We CAN do this!

amyface

Hi Krazyburd - in a search for TUPE advice as I am starting to go through this myself, then I dropped on your thread. Just wondering what the end of your story has been.

krazyburd23

Hi Amy,

I've only just seen your post so its probably too late now, but just in case:

What happened with me in the end was I took the compromise agreement. The settlement figure I received was the same as what I would have got if they had made me redundant.

What I learnt from the whole thing was:

That they couldnt make me redundant as I no longer belonged to them, so it would have had to be done by the new company. This is also what ACAS told me when I called them to check.

If I was made to relocate to the new company it could have resulted in constructive dismissal as I would have had to resign due to the unreasonable location.

When you get the CA you have to have it checked by a solicitor (normally the company would pay for this). The solicitor will go through the agreement and explain what everything means to you and then you both sign it. Then thats it, you give it back to the company and wait for the money to hit your bank account. When I explained the situation to the solicitor he did say it was a case for constructive dismissal, so I could have taken them to court instead if I wanted to. I chose not to do this as I was happy with the payout and didnt feel it was worth the risk for probably not a lot more. Also, I didnt want to burn my bridges or leave the company on a bad note. I know they were doing themselves and the new company a huge favour but I was also grateful that they hadnt put me through the ordeal of relocation and court cases etc.

A couple of things I would say is:
- Dont take the HR word for it, ALWAYS get advice from outside of the company aswell before you agree to anything.
- Dont let them rush you into anything, take your time and make sure the decisions are right for you not the company.
- Try and take someone into the meetings with you (preferably someone who isnt going through the process themselves). Your head will feel like a whirlwind of information so that second pair of ears is worth its weight in gold, especially if you end up with a fight on your hands.

I was really lucky and found a new job within the first month so I still have the payout in my bank account. On a seperate note I have made a few train journeys by myself aswell now so I am making progress on that too