Job being TUPED to Scotland

[Ben n Jerrys mmm]

So found out this week that part of the business of the company that I am currently employed with and located on the south coast of England is being sold off to a company based in Scotland.

 

My current company is a large one (over 2000 employees) and this sale will affect me and about 24 others.

 

I have been there 6 years and this change will not be happening till April 2017

 

We will shortly be having 1 to 1 consultations regarding other positions within the company to which we could be re-deployed and the company has stated there will be no compulsory redundancies.

 

Having been through this a few years ago which ultimately led to redundancy I have somewhat of an understanding of the TUPE process however there are a couple of things that I need refreshing on.

 

Would it be correct to say if I remained in the role at the time of TUPE having not secured in an internal position with my current employer then the new company would be the one to make me redundant should they choose to?

 

Following on from that is more concerning in that could the new company state after TUPE takes place we have jobs for you but in Scotland so you can take these up?

 

Would I then be expected to re-locate to Scotland or be in breach of my contract leaving me open to dismissal rather than redundancy?

 

Thanks for any advise you can furnish me with

[Sidewinder]

The starting point is your contract - for the T&Cs of that will remain 'as is' at the point of transfer.

 

In answer to the question of relocation therefore, the question would be 'what does your contract say?'. Is there a mobility or relocation clause? If not, then any offer of an alternative position has to include the term 'reasonable' and although there is no strict definition of what is and is not reasonable, as it will always depend on individual circumstances, clearly any move involving relocation will be unreasonable by any stretch of the imagination if it is against your will. That being the case then yes, it would be a matter of the new owner making your role redundant.

[Ben n Jerrys mmm]

Hi thanks for your reply

 

There is nothing in the terms and conditions of my contract regarding relocation and I hope it would be seen as not reasonable to locate from Sussex to Edinburgh.

 

Guess I was just worried that this is something the new company could insist on when we are transferred to get out of any potential redundancy payments they would have to make.

 

Touch wood this will all be irrelevant as I hope to be re-deployed within my current company at our current offices as they have promised however since I don't have a written 100% guarantee that they will do this I needed to be aware of what could or could not happen...