Tupe query

[sarah.b]

Hello,

I am an employee working for a Pharmacy branch for over a year and my current branch has been sold to a new company so we are under TUPE. I know we can be transferred to the new company but I do not want to do that, I want to be transfer to another branch within the company. My manager/area manager says is not possible ( due to lack of staff on the current branch) until the business will sell. Can they do that? Or they have both options, either says yes or no.

Also a serious incident has happend to me just a couple of days ago. On my way to work I was walking towards the branch and I have been attacked by someone, swearing towards the pharmacy. Nothing happened but the police took a statement etc.
Now, more than ever I want to be transferred to another branch withing the company as I don't feel safe to work there. Can my manager still refuse the transfer. I believe there is involved a Duty of Care from my current employer to accomodate my request with immediate effect or so.

Thank you for your time.

[ULA]

You can object to the TUPE transfer and request not to be transferred, however your employment would end at the point of transfer. You could ask for a transfer elsewhere in your employer’s organisation, however they are not obliged to find you an alternative position.

An employer's duty of care is in relation to the workplace. Albeit a frightening experience for you, the attack did not happen in the workplace.