TUPE vehicle issue

[willow71uk]

Hi i'm Paul

I currently work for Balfour Beatty Utilities in the Logistics section. I have a company van which i use to get to and home from work because of the distance i have to travel. This is not in my contract but i have had the use of it for 5 years now. On Monday i am TUPE'd over to DHL who will be running the Logistics section. They have said i will not be getting the van. I will have to travel 90 miles a day in my own car from now on. I can't afford to do this as it's just too much for petrol and wear & tear etc. Question is shouldn't TUPE law mean i should keep a van seeing as iv'e had it for so long?
Also i have a bike 2 work scheme with BB will this also transfer over to DHL?

Thanks

[CleverClogs]

Re: TUPE vehicle issue

I expect you'll soon get a cogent answer to your questions, but it may not be what you'd like.

Meanwhile, I have a question of my own:

I will have to travel 90 miles a day ...
Also i have a bike 2 work scheme with BB will this also transfer over to DHL?

Do you also travel 90 miles a day by bike?

[Eloise01]

Re: TUPE vehicle issue

Hi i'm Paul

I currently work for Balfour Beatty Utilities in the Logistics section. I have a company van which i use to get to and home from work because of the distance i have to travel. This is not in my contract but i have had the use of it for 5 years now. On Monday i am TUPE'd over to DHL who will be running the Logistics section. They have said i will not be getting the van. I will have to travel 90 miles a day in my own car from now on. I can't afford to do this as it's just too much for petrol and wear & tear etc. Question is shouldn't TUPE law mean i should keep a van seeing as iv'e had it for so long?
Also i have a bike 2 work scheme with BB will this also transfer over to DHL?

Thanks

Well, here's the rub. You shouldn't have had a company vehicle for travelling to and from work in the first place and/or you should have been taxed (at an extortionate rate) for the privilege! And if you haven't been taxed on this at the aforementioned extortionate rate, then your new employer ought to be informing HMRC of that fact so that the tax due can be recovered from you.

Travel to and from work is the employees responsibility in law (and, as mentioned, tax law!) so this is not a right or a term of employment that you can enforce. Hence TUPE does not apply.

[willow71uk]

Re: TUPE vehicle issue

Oh well time to apply for VR then seeing as DHL are offering it.

[Eloise01]

Re: TUPE vehicle issue

Oh well time to apply for VR then seeing as DHL are offering it.

You would rather be unemployed than pay travel costs to go to work, which is something the entire working population have to do?

[CleverClogs]

Re: TUPE vehicle issue

Oh well time to apply for VR then seeing as DHL are offering it.

I did say you mightn't like the advice.

Might DHL sell the car to you?

[CleverClogs]

Re: TUPE vehicle issue

You would rather be unemployed than pay travel costs to go to work, which is something the entire working population have to do?

That might depend on the terms DHL are offering and the likelihood of willow finding gainful employment elsewhere.

[Eloise01]

Re: TUPE vehicle issue

... the likelihood of willow finding gainful employment elsewhere.

Which might well be as far or farther away and which still will require them to use their own vehicle (or the bike). To say nothing of that pesky having to have two years continuous service before almost all your employment rights kick in. Though that may be moot - applying for VR and the employer agreeing to give it are not the same thing.

[willow71uk]

Re: TUPE vehicle issue

I am better taking the VR as my car wouldn't cope with the 90 miles a day travel, so without my car i would be out of a job anyway without getting my 8 years of service redundancy pay. Plus i am prepared to ride up to 20 miles for work.

[Eloise01]

Re: TUPE vehicle issue

I am better taking the VR as my car wouldn't cope with the 90 miles a day travel, so without my car i would be out of a job anyway without getting my 8 years of service redundancy pay. Plus i am prepared to ride up to 20 miles for work.

Good luck explaining that to the JobCentre - http://www.dwp.gov.uk/docs/m-20-12.pdf I believe you may find that they have a rather different view of how far you will be prepared to travel for work. Unless you are very confident of obtaining other similarly paying employment within your desired travel range, or prepared to work for peanuts, I would urge you to consider very carefully what you are doing before making any decisions. Giving up a job when you do not have to, giving up your employment rights and depending on benefits (which certainly won't stretch to running a car easily) is a major decision. And one which could easily backfire on you.

[CleverClogs]

Re: TUPE vehicle issue

Good luck explaining that to the JobCentre - http://www.dwp.gov.uk/docs/m-20-12.pdf

I thank you for that evidence of how the appalling snollygosters in the present kakistocracy have played at Silly Buggers.

I shall put in a good word for you, tovarisch, when the Revolution comes!