tupe - constructive dismissmal

blue-eyes54

my job role is being TUPED next year, I know that I can refuse TUPE and that tehnically I am resigning, however the proposed new employer is based 100 miles away, want I want to know is if I refuse(resign) can I take my current employer to a tribunal on the basis on a constructive dismissal ie travel to new place of employment.

ILW

No, unless there are closer alternatives.

zzzLazyDaisy

blue-eyes54 wrote: »

my job role is being TUPED next year, I know that I can refuse TUPE and that tehnically I am resigning, however the proposed new employer is based 100 miles away, want I want to know is if I refuse(resign) can I take my current employer to a tribunal on the basis on a constructive dismissal ie travel to new place of employment.

First - when did you start work with your current employer. If it was on or after 6th April 2012, you have few rights. In particularly, you have no right to make a claim to an employment tribunal, you have no legal right to be TUPE'd, and you have no right to a statutory redundancy payment.

If you were employed before 6th April 2012, and have at least two years' service, you may have a right to claim a redundancy payment, depending on the circumstances.

You need to check your current contract carefully.

There will be / should be something about location.

It might say something like

'You are employed to work as a Widget-Twister'

'Your place of work is the company's head office based in Anytown, England'

It might go on to say something like

'You may be required to work at [or relocate to] any of the company's offices throughout the UK as the needs of the business require'

Under TUPE the incoming employer takes over the contract of the existing employer. So if there is a re-location clause in your current contract, the incoming employer can rely on it.

If there is no such clause, then you may be able to claim redundancy based on the closure of your current workplace (if that is the case) or relying on the fact that the requirement of the business for the number of employees to carry out this work at the current place of business has ceased or diminished.

That is as far as I can take this based on the facts that you have provided, but if you have any further questions please come back.

Good luck

Daisy

Andy_L

You would have to wait until you are notified of a transfer to a workplace 100 miles away. If you were to resign now that would just be resignation