TUPE question

[Milliedawg]

Hi guys and girls, sorry if this has been asked before but I think the question might have a little twist in it. After 10 years in a companies maintenance dept., the company(A), is moving to a new facility some 94 miles away and are telling me I will be tuped over as the maintenance dept. is being outsourced to company(B). Firstly the distance is way to far so going there is out of the question, however I do know that the company(B) I am possibly being tuped to also has another contract on a different companies site, company(C), less than 20 miles from where I live, unfortunately previous experiences and reports are such that I really don't want to be placed on this companies site. So my question is, if my company (A), tupes me to company (B), can company (B) with or without the agreement of company (A), then immediately put me on a different site actually working for company(C) which is nothing whatsoever to do with the company (A) that I work for now. To me that is not a true TUPE, more of telling me I'm going to work for another company I didn't choose to work for, and put on a site I didn't choose to be put on, to do a similar job to what I do now. This surely is finding me another job I didn't necessarily want, without having to pay me redundancy. Any advice or guidance would be welcome. Cheers MD.

[Johnboy007]

Re: TUPE question

Hi,
When Tupe comes into effect, employees terms and conditions also transfer to the new company.
If Company B: is the same company as C: then you may be required to work there.
If it isn't the same company, then you cannot be required to do so.
Employers are often able to minimise or prevent redundancies and other dismissals when transfers take place. However, there will be occasions when they cannot be avoided.
If an employee is dismissed either before or after a transfer and the sole or principal reason for the dismissal is the transfer, it will be automatically unfair.
Employees who believe that their terms and conditions have been substantially changed to their detriment before or after a transfer have the right to terminate their employment and claim constructive unfair dismissal at a tribunal. TUPE classifies these types of resignations as dismissals.
Where a potential redundancy situation arises as a result of a transfer, employers must consult directly with affected employees and indirectly through representatives when the incoming employer is making (or intending to make) 20 or more redundancies within a 90-day period. Where there are fewer than 20 employees being made redundant within a 90-day period, there is still a legal requirement to consult with employees individually but there are no prescribed time limits in which to do so.
I agree that 94 miles is unreasonable and redundancy would have to be considered.
However, without knowing what or who Company C: are, I cannot add anything at present.
JBaw:

[stevemLS]

Re: TUPE question

I think some of the obligations you mention John changed this year.

So, there is no longer a set timescale for consultation and consultation can be solely through representatives.

Also, dismissal is no longer automatically unfair where it is by reason of change of location.

The ACAS stuff on the changes is here http://www.acas.org.uk/index.aspx?articleid=1655

[orfoster]

Re: TUPE question

I haven't yet had this come up in relation to work location moves but was so glad when case law came in on this issue a while ago. It's insane that moving work location is no longer automatically unfair.

In this case, it flies in the face of the contract of employment, 94 miles is insane.