Questions on TUPE

[In focus]

Hi.

I have been informed by my employer that they are to outsource the work that I and my collegues do to another company and that we are subject to TUPE. The trouble is that the this new company is located 140 miles away from my home so a daily commute is out of the question.

 

For the timebeing I intend to find midweek accomodation as due to my age and the type of work that I do the chances of finding similar positions (or any work) in my area is remote, also we are on a much higher salary than the equivalent grade of existing staff at the new employer but have been told that we will remain on our existing terms and conditions.

 

My present employer also appears to be in serious difficulties, this seems to me be a desparate measure to slash costs.

 

My question is what would happen to me if my original employer went bust or they decided to terminate the outsourcing of the work?

 

Thanks

[postggj]

for tupe, a consultation period needed to be in place

 

PRIOR TO THE MOVE

 

why was this not done and have you infact moved yet

[In focus]

Hi and thanks.

 

We are being consulted at the moment as the transfer does not happen until the end of September. I asked the question and others but as yet have had no answers.

[postggj]

Any union at your place of work

 

do you have a workers council to debate this if no union

[In focus]

Nothing like that, only 4 of us involved at our location 20 odd around the country.

[postggj]

so who is handling the tupe negotiations

 

 

for a start it is unreasonable to expect you to get up and move` 140 miles with out some sort of travel and subsistance package.

 

Also, redundancy packages as the move is quite unreasonable if you have sound roots at the moment

[In focus]

The consulatation process at present is me asking my line manager questions, he forwards them on and I wait for replies which I have had none yet. I have not yet asked the question in my OP, something I was discussing with my wife this evening and couldn't find the answer looking at various websites. If I do not wish to travel then there I am deemed to have accepted voluntary redundacy and severance pay but in my case it's not a lot.

[postggj]

It will depend on how many people object to the move

 

if the majority accept then redundancy has to be an option

[Sidewinder]

Do you have a mobility clause in your contract?

 

 

If not then it is a straight choice - move or redundancy. Redundancy would be a given, as the distance would never be seen as 'reasonable' without a mobility clause. If you intend to live there during the week, then I agree that you might be able to negotiate some form of compensatory payment, but the employer is not obliged to offer that.

 

Worth remembering tat in a choice like this, you would have a 4 week trial period in which you can still serve notice and take redundancy if it isn't working out.

[In focus]

If I do not wish to travel then there I am deemed to have accepted voluntary redundacy and severance pay but in my case it's not a lot.

 

Sorry above comment I made is incorrect. Q&A sheet does not mention voluntary redundancy, it is "notice payment" and "payment equivalent to a redundancy payment"

 

@postggj I suspect the number that will transfer from the entire operation will be only 2 or 3. Re travel and subsitance package, when we were informed about the tupe that was my first question and the answer was "no"

 

@Sidewinder thanks for that, wasn't aware of the 4 week trial period. Cant find my newest contract, waiting for a copy.

 

I would be very unhappy to transfer and then find myself out of a job with nothing if my original employer went belly up or ended the contract, I would rather not transfer and take the little amount they are offering if the new employer can say "Well as we no longer have your business it's bye bye".