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TUPE roles and travel expenses...

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I'm (along with a number of co-workers), about to be TUPED into a large public sector organisation from a private sector company that has been providing IT services...the recieving organiasation have not really been particularly vigilant or employee friendly during the process so far but there are two major issues I'd really like advice on;

 

our current employer pays travel expenses from home to our place of work, as contractually we are home based. The new organisation are refusing to pay for travel...surly that is material detriment?

 

the new roles we have been mapped into in the new organisation are substantially junior to those currently held; logic from receiving organisation is that they are the closest match to our current roles...to what extent do they have to prove this is correct or is the onus on the individual about to be transferred to push back and provide evidence?

 

Thanks in advance, we have only nine days left so a speedy response would be gratefully received!!!

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Hello and welcome to the forum. Will you be based at home or at an office with the new employer please? Travel expenses from home to work can be a tricky subject as most people can't claim them.

 

HB


Illegitimi non carborundum

 

 

 

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thanks for the reply HB :)

 

our current contractual base office is home, the receiving organisation is proposing to change it to the office we are currently based in and claim travel expenses to from our present employers.

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Hello again. If the new employer says you're not based at home, then I don't think you'll be able to claim travel expenses to the normal office. That doesn't mean that you couldn't claim for travel to a different place of work of course.

 

I don't know if your travel has been a bit of a concession because you've been deemed to work at home when you were really office based, but if your new employer decides to play it by the book, you may have a bit of a problem.

 

Has anyone spoken to ACAS? They have a confidential helpline and could well be able to give you guidance.

 

My best, HB


Illegitimi non carborundum

 

 

 

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I think you will have some substantial problems here as even TUPE allows changes to contractual terms for business reasons, and expecting you to attend a workplace rather than work from home is a reasonable requirement for the employer to make. I doubt you would successfully challenge such a change. And as has been pointed out, home to work travel would then not be something the employer has to pay - and in fact would be heavily taxed if they did.


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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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Have to agree. It would not take much for the employer to prove that they need to make Economic, or Organisational changes, and provided that they give the necessary notice, then this would be acceptable, however annoying to the individuals concerned.

 

You are of course perfectly entitled to raise the issue quite forcefully during the TUPE consultation, particularly where a significant increase in costs is involved. They may well be willing to negotiate a change to salary to reflect this, however a direct payment of mileage costs would be, as previously stated, a very difficult point to manage.

 

As far as roles within the new organisation are concerned, once again this would be an Organisational matter, and provided that they are indeed a 'closest match' to your present position may well be justifiable.


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thanks for the feedback everyone...any more for any more?

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