TUPE and how it applies to homeworker status

zagubov

What on earth is your union (assuming you're in one) saying about this?

grimsalve

zagubov said:

What on earth is your union (assuming you're in one) saying about this?

There is a union (I'm not a member) but they're doing nothing.

tightauldgit

grimsalve said:

tightauldgit said:

grimsalve said:

dharm999 said:

Given it’s been a few years, then extremely unlikely TUPE rules would protect you.  Your new employer can change your T&Cs, as long as they follow the correct process

I understood that TUPE was "indefinite" - ie. ...

What is the period of protection and how long is TUPE valid for? The period of protection afforded by TUPE is indefinite. If the change to a transferring employee's terms and conditions of employment is because of the transfer, it will be prohibited, even if it occurs some years after the transfer took place.

is that no longer the case?

It's indefinite but only protects you for things happening because of the transfer - even then employers can make changes like this for economic reasons and be allowed.

Of course have you actually spoken to them about it and confirmed that you won't be able to continue to work from home? It may simply be that they change your 'base office' from A to B but you just continue to WFH as before. 

What you are describing goes beyond a change of office location if they are also removing your ability to work from home and if there's a genuine reason for you to need to work from home you may be protected in other ways. I think you probably need to speak to HR or your line manager about the change and confirm what is actually happening and raise your concerns.

Once the position is clear you can decide what to do next.  

I had an informal chat with my boss about it after the announcement was made by our HR and the reasons behind this seem to be 1. to force all employees back into the office (regardless of their status before covid) 2. shut down one office to save money and move everyone into the other office. Any employee that quits or takes redundancy is basically "collateral damage" as they want to reduce the headcount anyway.

One option my boss mentioned was that I agree to change my contractual location from home to the other office and then he would turn a blind eye to me not being there... but I think that's a very dodgy position to be in and I wouldn't be happy about that (especially if he quits/takes redundancy and I end up reporting to someone who expects me to be in the office every day).

It was at this point I started to wonder if the TUPE rules would protect me from this proposal but from what I've been reading here I'm guessing it doesn't.

Agreeing to the change on the basis your boss mentioned would effectively take away your right to complain later. They seem to be playing fast and loose with the rules. In your shoes I'd be tempted to say you don't accept the change to your contract - if they force you to it could well be constructive dismissal.

grimsalve

tightauldgit said:

Agreeing to the change on the basis your boss mentioned would effectively take away your right to complain later. They seem to be playing fast and loose with the rules. In your shoes I'd be tempted to say you don't accept the change to your contract - if they force you to it could well be constructive dismissal.

Many thanks, I've already told my boss that I'm not going to accept the contract change but I think this is being ignored by HR at the moment.

I think the next stage is a formal consultation meeting which might be in a couple of weeks time (the longer the better imo).

tightauldgit

Be sure to keep a careful record of exactly what you are told in the meeting and if possible get them to confirm things in writing - especially if you are told things like if you don't accept the change you will be made redundant. 

CKhalvashi

Surprised that nobody has mentioned this, but surely if it's a move to a different office within the same company, TUPE wouldn't apply at all as the employer isn't changing.

tightauldgit

CKhalvashi said:

Surprised that nobody has mentioned this, but surely if it's a move to a different office within the same company, TUPE wouldn't apply at all as the employer isn't changing.

He was TUPE'd previously to this current employer, though so he was asking whether those rights were still relevant. 

grimsalve

CKhalvashi said:

Surprised that nobody has mentioned this, but surely if it's a move to a different office within the same company, TUPE wouldn't apply at all as the employer isn't changing.

I was a homeworker before I was TUPE'd.