TUPE, Transfer or Redundancy

jstiff

Afternoon all. I am after some advice, will try and explain my position as best possible, although will be changing company info to protect myself!!

I am an accountant for a medium sized business. There is another accountant within the business who I work alongside, there is then an FD and clerks.

Imagine the company has two related but differing services we offer, they are both interlinked, but can cope without the other. I mainly do the accountancy for one particular aspect of the business, although am involved in the other, and the other accountant does the other aspect.

We own our offices and related land required for our services.

It has come to light, but only to me, and a select few in the "know" from the directors that they wish to cease "activity" and become "landlords" makes perfect sense, lower risk etc etc. It has come to light to me through stumbling across the information, saved in the incorrect place, and has now been moved! I know full well I should not have seen what I have seen!!

In this plan, it list all redundancies and TUPEs etc.

It also lists that 1 accountant will "transfer" with sale of that aspect of the business.

Here is the crux of the problem, I work out of an office based South, and live further south. The "base" for this aspect of work is further north, I rarely require to go there, as after all, I can work from this office to complete 90% of my duties. the mileage is roughly 50miles each way from current location to the location that will be sold off.

Can the selling company just transfer me across to the new owners? Is this a TUPE thing? or is a transfer different? My contract states my location as this one, and not the other. Is it unreasonable to transfer me?

This wont happen or be announced for 3-6 months, so just doing my research in preparation.

Just wondering my best actions when it is announced.

Thanks

Cisco001

Look for new job?

getmore4less

If your place of work closes, and there is no suitable alternative then you are redundant.

Now without a mobility clause and a specific place in the contract with a 50mile relocation there is a risk a tribunal would accept that the job is a suitable alternative if the company wanted to fight it.

The TUPE just decides who makes you redundant but as unless they close one business and start a new one there is no TUPE the employer does not change.

zzzLazyDaisy

jstiff wrote: »

Here is the crux of the problem, I work out of an office based South, and live further south. The "base" for this aspect of work is further north, I rarely require to go there, as after all, I can work from this office to complete 90% of my duties. the mileage is roughly 50miles each way from current location to the location that will be sold off.

Check your contract. What does it say about location?

It should say something like your place of work is the company's office in xxx town, but you may be required to work at such other location(s) as the needs to the business dictate.

If the place of work stated in the contract is the North Base you refer to, then that is your place of work for this purpose. The fact that the current employer allows you to work away from the office doesn't affect that basic contractual position.

Re TUPE, in very simple terms, if that part of the business is sold off, all employees who work wholly or mainly in that part of the business will transfer under TUPE, with their terms and conditions as stated in their contract intact.

If your work is wholly or mainly connected with the part of the business being sold off, then your job will transfer. Clearly the new employer will not be able to continue to allow you to work from the other office as that office will by then belong to a completely different company.

Assuming that your job does transfer under TUPE, you can refuse to go with the work, but all that means is your employment comes to an end when the business transfers. There is no redundancy entitlement in that situation.

Your employer does however have a duty to inform you of the plans and provide you with information prior to the transfer, so you should get more information soon. However at the moment, it may simply be an exercise in exploring options for reorganisation of the business rather than a done deal.

jstiff

Thanks for the info guys, all very interesting.

I have had a look in my contract and it states:
"PLACE OF WORK: You will normally be based at XXXX. You will not be required to work outside the UK"

The XXXX is the southern office, the head office, so not what would become "the normal place of work" when that arm has been sold off.

I'm not particularly concerned, I don't mind travelling, and have a company car. But if I do decide to look for another job, I would be interested to know if I could fight for redundancy first.

Thanks again guys.

zzzLazyDaisy

Well in that case, your employment will still transfer to the new company, because you are mainly employed to work in that arm of the business.

If there is a mobility clause in your contract stating that you may be required to work at other locations, you are probably stuffed as you would be bound by that.

If you do not want to travel the extra 50 miles each way every day, then perhaps you can negotiate home working with the new employer, at least some days a week, as a compromise?

Your problem is that, at best, you may be able to argue that because the South Office no longer exists and 50 miles is too far to travel, they should make you redundant. But if they refuse, you would have to resign and take your chances in a tribunal - which frankly would not be something you should do lightly as there is no guarantee of success and most people find the experience very stressful. In the meantime you'd also be without a job...