TUPE maximum distance

Specialist

Hi,

I have just completed group consultation and have been advised my role is still available under TUPE, however it will be 400 miles away in Scotland, My place of work have given me the "Default Option" of Relocating under the TUPE regulation as the position is still in the UK by my employer.

If this option is declined then they are classing this as a resignation that would affect any redundancy cover on mortgage protection and any Jobseekers benefit.

Is there a maximum distance that is covered by TUPE, and does it apply if you are moved to an external outsourced company and put on a different contract and pay terms.

Thanks

colino

I would say that 400 miles move is a substantial change to your contract and speak to your union rep/ACAS straight away.
(Surprised that anyone is relocating to Scotland though, even cheap call centres are shutting their doors).

getmore4less

The company you are getting TUPE'd too should be consulting and may need to offer redundancy.

Your current company are selling of a bit that you are part of can effctifly wipe their hands.

if this is not realy a TUPE, same company relocating the job then that is a different situation.

Any mobility clause in your contract?

HappyMJ

As fas as JSA is concerned if the travel time has changed to become longer and it's longer than 90 minutes each way then you have a valid reason to resign so don't worry about being sanctioned. You will not be expected to commute 400 miles each way each day and you aren't expected to relocate due to your entire life, support structure and everything else being where you are now.

Andy_L

Unless you have a mobility obligation in your contract then, unless you want to move to Scotland, this is a redundancy situation as 400 miles is cleary not a suitable alternative

http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10028541