TUPE and extra costs incurred

eam_2

Hi there,

I am currently affected by a relocation due to TUPE. If I move to the new company I will incur travel costs (currently £0), travel time (over an hour, currently 10 mins) and will also need to pay childcare costs to cover dropping kids at school which I don't currently incur.

Does anybody know where I stand - can I expect the new employer to cover these costs? Do they have any obligation to? If they don't cover these costs can I claim unfair dismissal? Or ask for redundancy?

Any help much appreciated.

Thanks

marlot

What does your contract say about work location?

zzzLazyDaisy

marlot wrote: »

What does your contract say about work location?

This ^^^^

The new employer steps into the shoes of the old employer, and you transfer with your length of service and current terms and conditions intact.

So the first port of call is your contract - what does it say about location? Often a contract will state something like 'you are employed to work at [location] but you may be required to work from any of the company's offices throughout the UK / within a 50 mile radius / whatever.

If there is no such clause at all, then the starting point is that the closure of a workplace is a redundancy situation.

However that is not the end of the matter as the employer may move the location a reasonable distance and it would not be a redundancy. 'Reasonable' is not defined, but if, say, the workplace was moved 10 miles, that would probably be deemed reasonable - even if that meant that because of an employee's current location, that meant catching two buses and an hour's journey.

Without a doubt, though, provided that the re-location does not amount to redundancy, and is allowable under the contract, then consequential expenses such a childcare costs are the employee's problem, not the employer's.

Having said all that, the way to deal with this may well be to speak to the employer (old and new) and see if you can come to an arrangement that will enable you to continue working for them at the new location (if that is what you want).

eam_2

Unfortunately there is a clause in my contract about Job mobility, which says that the new position has to substantially comparable or better in terms of pay and conditions. It doesn't specify anything about relocation specifically or travel distances.

I guess this means I don't have a leg to stand on?

They've offered me my old job at my old salary, which means I can't accept the job as I would be financially worse off than I currently am with the additional childcare costs I'd have to pay. I simply will not have enough money at the end of the month to feed and clothe us all.

I have mentioned to them working from home, so I am waiting to hear...

janiebquick

A friend in a similar situation managed to get the employer to cover both her additional travelling costs and childcare costs for two years. You could always ask.

zzzLazyDaisy

I would suggest that, in this situation, your first approach should be to speak to management or HR and discuss your situation.

Also not all mobility clauses are enforceable, especially where they affect a female employee with child care responsibilities, as this can fall foul of the Equality Act 2010. However, this is quite a complex argument to negotiate and not one that is suitable for forum advice (in my view).

It is worth checking your house insurance to see if it includes legal cover, though, as this often includes employment disputes.

Daisy

Takeaway_Addict

zzzLazyDaisy wrote: »

I would suggest that, in this situation, your first approach should be to speak to management or HR and discuss your situation.

Also not all mobility clauses are enforceable, especially where they affect a female employee with child care responsibilities, as this can fall foul of the Equality Act 2010. However, this is quite a complex argument to negotiate and not one that is suitable for forum advice (in my view).

It is worth checking your house insurance to see if it includes legal cover, though, as this often includes employment disputes.

Daisy

I presume that if the OP was male it would also apply?

zzzLazyDaisy

Takeaway_Addict wrote: »

I presume that if the OP was male it would also apply?

Yes, it works both ways... but statistically most people with primary responsibility for child care are female, so that is how the case law evolved.

Ewarwoowar2

The legal situation on change of workplace following a TUPE transfer is a bit different than has been set out above. Irrespective of what it says in the contract, a change can amount to a 'material detriment, that allows you to resign prior to the transfer and claim constructive dismissal.

Here's a good web page that sets out what I mean:

http://www.ppma.org.uk/ppma-news/tupe-transfers-and-change-in-workplace-location-an-important-reminder/