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TUPE, Lone Working, on call 24-7

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  • TUPE, Lone Working, on call 24-7

    Hi.

    Will try to be a sbrief as possible.

    Worked for previous employer for 5 years as a housing officer. The company provided housing and management to vulnerable adults. My contract of employment was standard, 9-5, work extra hours if required, any other duties as required etc.

    However it had become accepted practice that our company mobile had to be with us 24-7 and that if it rung it was to be answered and any problem had to be dealt with. Which may have invloved going out to a property at any time of the day or night. In effect putting myself and others 'on-call' 24-7. There was nothing in my contract about this, only that the phone had to be charged and answered during the hours of work.

    I was based from home (office some 30 miles away) and was considered a 'lone worker'. Again it had become accepted practice that we went into properties on our own, worked on our own. The company had never done a full risk assesment for 'lone workers'

    I was informed that I was to be TUPED to another company (which was doing exactly the same work as my employer)

    I read up on the TUPE regs and found out that all employee liabilities would pass to the 'new' employer, so I decided to put in a grievance for:

    TUPE Reg 13,14
    being'on call' 24-7
    lone working.

    Had my first grievance with and they basically said they were right and I was wrong.

    Transfered to new employer and they heard the appeal grievance. Since then nothing. They haven't replied to my emails and basically from what I can gather, they are waiting for the 3 month period to elapse for a tribunal hearing.

    That's in 2 weeks time. So I have downloaded ET1 form and I'm taking my former and new employer to tribunal.

    So my questions is, when filling out the form do I just set out what my grievances are or do I have get 'technical' and show which part of employment law I feel the grievances relate to?

    Any other advice most welcome.
    Tags: None

  • #2
    Re: TUPE, Lone Working, on call 24-7

    on the ET1, ITS JUST A BASIC STATEMENT OF CASE

    and why you think your employer is breaking the employment rights act/ health and safety etc,etc

    http://www.google.co.uk/url?sa=t&rct...9ax_qi0iLZwNjw

    please have a read

    its three months less 1 day to bring a claim

    Comment

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