Department Outsourced but 1 of 3 remains in post

[Skeety888]

My department has been outsourced under TUPE regulations. The only option made available to us was to work in the outsourced companies office over 200 miles away. Two of us have declined the offer to relocate and we have settlement agreements to sign. The remaining team member has also declined the option to relocate but remains in post and has no settlement agreement nor employment termination date. Are my previous employer within their rights to apply their rules to 2 of us but not to another? Many thanks in advance for your advice.

[ULA]

Has the 3rd person been offered a position to stay in the organisation do you know?

If there is a position being created, I am wondering why you have not all been given the opportunity to apply

Unfortunately due to the confidential nature of settlement agreements (SAs) you cannot discuss them outside of your solicitor/family/friends and they too are bound by confidentiality of the contents. You have said you have them to sign, by which i presume you mean they have not been signed as yet. As part of this process you need to take independent legal advice (with payment/contribution from your employer) and I would suggest that you make your solicitor aware of the situation that 3 of you have declined to relocate yet only two have been asked to sign SAs and potentially the 3rd person is staying at the company. That may have some bearing on the settlement negotiations.