TUPE and Travel

Jodie1306

Hi guys,
We’ve (colleagues at work) just found out at work that we will be TUPE’d over to a new company in December who are based over 30 miles away. The main part of the journey is on the M25 so travelling time will increase on avg by an hour.

Would we be entitled to any form of travel expenses from the new company ? The union are going to become involved and represent the CBU but when i asked them they didnt really know..

Thankyou

pinkshoes

I don't think you are entitled to travel expenses but as the journey is a significant distance/travel time I believe redundancy might be an option.

TBagpuss

No, I don't think you would be entitled to travel costs. It's possible that you may be able to negotiate something, but this would depend on how much the company wants to keep you. it may be worth you looking a jobs in the area where you would be relocated to - do they generally have higher salaries that you are currently getting? If replacing you would be more expensive than paying you extra to assist with travel then the company may be more open to negotiations on additional pay

You'd need to take advice as to whether you could argue that the distance and the additional time mean that the new location isn't suitable alternative employment.

If it is not, then you could argue that you are being made redundant, in which case you'd be entitled to a redundancy payment (assuming you have worked there long enough). However, do get advice before going down that route as the company may argue that it *is* suitable alternative a employment , and if that were upheld than you would not be entitled to any settlement payment if you declined it.

Undervalued

pinkshoes wrote: »

I don't think you are entitled to travel expenses but as the journey is a significant distance/travel time I believe redundancy might be an option.

I would of thought it was unlikely to be significant enough for that to be the case. Tribunals have certainly upheld longer distances and / or travel time as being reasonable in the past. Obviously no two situations are exactly the same but I think it is borderline at best.

sangie595

Undervalued wrote: »

I would of thought it was unlikely to be significant enough for that to be the case. Tribunals have certainly upheld longer distances and / or travel time as being reasonable in the past. Obviously no two situations are exactly the same but I think it is borderline at best.

I would agree. Although that doesn't mean the union can't negotiate something. But if they do it is likely to be temporary.

gettingtheresometime

How many people are involved?


I'm just asking as it may be that whilst the other company is based an hour's drive away, they may keep both sites open

Jodie1306

Thanks everyone,

Its not many staff members relocating. It is shift work so public transport is out if the question for some shifts if that makes any difference ?

I will check other jobs in the area and salaries etc.

Thankyou for your advice