TUPE issue please help

[malienglez]

Hi all,

I am due to be Tupe'd in the next few months as the company I have worked for for the last 10 years has lost the renewal of a contract I work on.
I have been given my letter today telling me I am indeed on the TUPE list.

Today we have been advised that the location my role will be moved to with the new company is about 290 miles away. The new company have stated that they will try to find alternative suitable roles for us if we are unwilling to relocate, but I doubt that will come to much. My current company have said that as they would like to try and keep all of us they have a special agreement with the new company that they will also look to offer alternative roles should the new company not be able.

Personally I would prefer redundancy, so my question is if the new company are unable to find me an alternative suitable role but my old company did would I still be able to get redundancy assuming that I am indeed on the Tupe list?

To my mind if I am on the Tupe list and my new employer is unable to provide me with a suitable alternative then they need to make my role redundant. The fact that my previous company offers me a job is moot once I am on that list?

here's the part of the letter that concerns me, I called ACAS just now and they seem to be agreeing with me that this is wrong?

'Old Company' is keen to retain your skills in our organization wherever possible and as a result have made a special request of 'New Company' to allow 'Old Company' to also consider whether we have any alternative roles here. If neither 'New Company' nor 'Old Company' are unable to find alternatives then it is possible that your employment would come to an end by reason of redundancy.

2 things to my mind that are wrong with the above statement;

1. 'unable' should read 'able'
2. They seem to be implying that if onedid not accept a suitable alternative role from the 'Old Company' then you wont be entitled to redundancy.

Could somebody please help

Thanks

Paul

[Nomoneynoproblem]

Re: TUPE issue please help

Hi Paul,

I am afraid it's a tricky one. Both the old and new company have a mutual obligation to find you a suitable alternative role. If this were to be the case by law you have a 4 week trial period and once this period has expired and both parties agree the role is not suitable then redundancy kicks in. If either one came up with a suitable role and you failed to accept this will constitute a resignation and you will lose your right to a redundancy payment.

I hope this helps.

Regards

Nomoneyno problem

[malienglez]

Re: TUPE issue please help

Hi Nomoneyno problem,

Thank you for responding.

I am surprised as I believed it was the responsibility of the new company to provide an alternative suitable role. I cannot find any reference to the responsibility being held by both the new company and the old one but simply the new company from the documentation I have read.

I don't suppose you could provide a link to any documentation that upholds your view?

Many Thanks

Paul

[teaboy2]

Re: TUPE issue please help

Is the new company taking over the old company, or just your department?

What was the reason given to you as to why you would have to relocate to a different location and role and not keep your current role in same location?

Take a look at this - https://www.google.co.uk/url?sa=t&rc...,d.ZGU&cad=rja Especially the constructive dismissal section on page 26 and 27 which make clears that relocation such as in your circumstance would constitute a substantial change in your working conditions. Therefore the proposed transfer and relocation would constitute a de facto termination of their employment contract, enabling you to object to the termination on those grounds and claim unfair dismissal (your objection to the transfer would terminate your contract on date of proposed transfer, but instead of being deemed as resignation it would be deemed as automatic unfair dismissal as a result of the proposed substantial change in your working conditions if the transfer had gone ahead - But only if those changes were a result of the transfer itself, and not due to changes in the force or ETO) - Basically is unfair to expect you to relocation i.e. move house to work over 200 miles away from your current place of work!