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Tupe and Redundancy


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Hi Looking for a bit of advice to my entitlements, my employer has lost a contract i work on and has informed myself i am now under tupe to the new company who has taken on the contract. I have been asked if i would be willing to relocate to the new companys site ( approx. 120 miles away) which to me is an unreasonable request.

The answers i need help with are,

If i turn this relocation down am i entitled to redundancy?

If so how much notice must i receive (i have 8 years service)?

My employment passes over to the new company on 1st July, can they serve me notice bfore this period?

Many thanks in advance

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Hi and welcome!

 

First and foremost, TUPE involves a consultation. As a transferee, both the current, and prospective new employer should talk to you about the implications.

 

TUPE involves a transfer of your employment under all of your current terms and conditions - with the exception of pension provision, so firstly you need to ceck your contract to see if there is a mobility clause which might require you to move the location of your employment.

 

In the absence of a mobility clause, whilst the new employer must offer you work as per your current terms, you cannot be forced to do o if it would be 'unreasonable'. Whilst the definition of what is reasonable is not defined in law, as this varies from person to person, a 240 mile round trip just to get to work would fall well within the scope of being unreasonable, so redundancy should be offered as an alternative.

 

If you have 8 COMPLETED years service, then you will be entitled to 8 weeks notice - either worked or paid in lieu - unless your contract allows for a longer period of notice.

 

Similarly, redundancy calculations would be based on a multiplier of 8 for time served. So, 8 weeks (capped at £450 as a 'week's pay if you earn more than that, or your normal week's pay if you earn less). The 'week's pay is multiplied by one and a half, for any years completed after the age of 41.

 

As far as I am aware, providing that proper consultation takes place beforehand and no alternative to redundancy is offered, then you can serve notice before the transfer to coincide with the transfer of the business.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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