tupe

[soltan]

Basically I have a friend who is being tuped to another company along with a couple of others because the service the original firm is providing is being taken over by the other.

At the moment there is nothing concrete the other firm operates from a different base approx 50 mile round trip from the original on the other side of the city, there have not been any redundancys mentioned they have said you can follow the work or leave. No travel expenses have been offered and in his contract it does not say about any travelling between sites etc

He would prefer to be made redundant to be honest, the work is coach driving and to me the travel is a fundamental change.

 

Any advice appreciated thanks

[mariefab]

The new firm isn't obliged to offer redundancies.

 

Unless there's something in his original Contract of Employment limiting, or making allowances for, the distance travelled to and from work it's unlikely that a 50 mile round trip would be considered a 'substantial change'.

 

Unfortunately, follow the work or leave may be his only choices.

[soltan]

But in the case of Royden & others v Barnetts solicitors the distance was approx 40miles and two argued that it was a substantial change to their material detriment? So does putting him in the situation of accepting the change that makes him worse off not go agaisnt the guiding principles of tupe as far as employees are concerned? So that him leaving could constitute constructive dismissal?