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kingnathski88 |
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kingnathski88 Trackday Trickster
Joined: 28 Jul 2006 Karma :
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Posted: 18:53 - 10 Mar 2017 Post subject: Employment Lawyer / TUPE Expert |
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Hi All
Recently been announced that my job is being redundant at its current site (NN13) and is being relocated approx. 120 miles (ME19).
They have offered me the chance to transfer under this TUPE agreement. However, they will not offer a penny towards relocation costs or towards petrol even for a week or a month or two.
The company closed another site (CV37) and moved jobs to my site (NN13) and still pay employees that transferred a contribution towards petrol.
I have doubts whether the TUPE is valid considering my job that is moving isn't actually going to be done at the site - it is outsourced to another company.
Can't get a straight answer out of our HR department.
Does anyone happen to know of or be an experienced employment lawyer / HR person of some knowledge who might be able to offer some free / informative advice.
Brief google searches seem to suggest what they are doing is legit.
Although TUPE is something I cant seem to get a good answer on.
Hope someone can help in some way
If anyone is in the know and can help, I can divulge a bit more information. |
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Nobby the Bastard |
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Nobby the Bastard Harley Gaydar
Joined: 16 Aug 2013 Karma :
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Posted: 19:02 - 10 Mar 2017 Post subject: Re: Employment Lawyer / TUPE Expert |
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kingnathski88 wrote: | Hi All
Recently been announced that my job is being redundant at its current site (NN13) and is being relocated approx. 120 miles (ME19).
They have offered me the chance to transfer under this TUPE agreement. However, they will not offer a penny towards relocation costs or towards petrol even for a week or a month or two.
The company closed another site (CV37) and moved jobs to my site (NN13) and still pay employees that transferred a contribution towards petrol.
I have doubts whether the TUPE is valid considering my job that is moving isn't actually going to be done at the site - it is outsourced to another company.
Can't get a straight answer out of our HR department.
Does anyone happen to know of or be an experienced employment lawyer / HR person of some knowledge who might be able to offer some free / informative advice.
Brief google searches seem to suggest what they are doing is legit.
Although TUPE is something I cant seem to get a good answer on.
Hope someone can help in some way
If anyone is in the know and can help, I can divulge a bit more information. |
TUPE covers your rights when your job is transferred to a new company. It isn't location specific.
If they aren't willing to relocate you at their expense, then they will have to make you redundant according to your current terms and conditions and cannot vary them. ____________________ trevor saxe-coburg-gotha:"Remember this simple rule - scooters are for men who like to feel the breeze on their huge, flapping cunt lips."
Sprint ST 1050 |
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kingnathski88 |
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kingnathski88 Trackday Trickster
Joined: 28 Jul 2006 Karma :
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Baggyman |
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Baggyman Crazy Courier
Joined: 20 Feb 2017 Karma :
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Rogerborg |
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Rogerborg nimbA
Joined: 26 Oct 2010 Karma :
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Posted: 20:02 - 10 Mar 2017 Post subject: |
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Lodge a formal grievance. Do it now, title it "FORMAL GRIEVANCE". Assert constructive dismissal.
Don't try to be fair, don't waffle, just say: "No reasonable relocation terms, no equivalent job, no offer of redundancy = sacking by the back door."
You don't have to be all BodyGuard about it. Feel free to banter with the HR tarts (why are they always wombyn?). "Just for form's sake, I'm sure everyone is handing these in, lovely haircut, is that new?"
Now that you've got the clock running, you can go and speak to your local Citizen's Advice and see if they have anyone available to give Advice to Citizens, if they're not too busy filling in asylum claims for grey bearded teenagers about it. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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kingnathski88 |
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kingnathski88 Trackday Trickster
Joined: 28 Jul 2006 Karma :
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Baggyman |
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Baggyman Crazy Courier
Joined: 20 Feb 2017 Karma :
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stinkwheel |
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stinkwheel Bovine Proctologist
Joined: 12 Jul 2004 Karma :
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Posted: 20:57 - 10 Mar 2017 Post subject: |
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I'd imagine a lot will hinge on the wording of the original contract of employment you signed so best look that out and read it and keep it somewhere safe.
Not having one is not necessarily a bad thing either providing one can't magically be produced by the other party with your signature on it.
Courts set a lot of store by actual documents and not vague assertions that said document must have existed sometime, err, I think we've lost it.
Implied contract is best contract (after a fashion). ____________________ “Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles. |
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Rogerborg |
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Rogerborg nimbA
Joined: 26 Oct 2010 Karma :
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Posted: 21:31 - 10 Mar 2017 Post subject: |
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Mmm, I haven't returned any of the previous 2 (maybe 3?) contracts that I've been handed. The last one, a TUPE, I printed off my own version with all the bullshit taken out (most of it), signed it, and put it on my desk. I was never asked for it again.
At this point, I'm probably ex-contractual. They pay monies, I turn up, that's really all a contract needs to be. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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Derivative |
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Derivative World Chat Champion
Joined: 03 Aug 2010 Karma :
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iooi |
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iooi Super Spammer
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UncleFester |
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UncleFester World Chat Champion
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Rogerborg |
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Rogerborg nimbA
Joined: 26 Oct 2010 Karma :
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Posted: 10:23 - 11 Mar 2017 Post subject: |
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Mmm, I think the first thing I'd do is secure myself a better job elsewhere. Your local site is closing, that's a fact that needs to be dealt with. Let it galvanise you into improving your situation.
Then with that card up your sleeve, demand that they pay you off rather than offer a bullshit relocation. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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Baggyman |
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Baggyman Crazy Courier
Joined: 20 Feb 2017 Karma :
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Posted: 11:24 - 11 Mar 2017 Post subject: |
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So...
Get all your info together, including a copy of your contract of employment and get some proper legal advice.
Your job is being outsourced. That means under TUPE, you have the legal right to transfer to the new company on your existing terms and conditions. Check your contract. That covers your existing T&Cs ( those along with custom and practice make up your overall terms) What does it say about work location or mobility?
Your current employer and the outsourcer have no authority to negotiate between them to make your TUPE rights go away but some companies still try it on.
To be clear, it is positions rather than people that are in scope for transfer. You specifically are not in scope, your current role is.
Get yourself some proper legal advice.
Also suggest you think about what is more important to you personally - staying in the same location or staying in the same job?
Either could go well or badly so look at the specifics and make the best choice for you. Worst case it you get yourself some breathing space to look for another job. TUPE is not always bad for the people concerned. It can give you more opportunity in a different organisation but that is something you need to assess for your own situation. The guys doing this will be looking at how they can make money out of the deal so something has to give somewhere. A bit of positioning can help you weather that.
Did I say - Get some proper independent legal advice. Do not immediately believe what your company tells you. Keep copies of everything.
Btw, you should sort out the alternative role before the transfer date if that is what you want to do. If you are going to get made redundant in your current role, it should be the new company that does it, not the existing one - you should then get some TUPE breathing space. If you change roles and stay with your current company, then the normal situation applies.
So. - get some proper legal advice. Makes sure everything is in writing
Finally, I am guessing you work for company A... and your are likely to move to company C.... (names redacted ) - if that is the case, they appear to actually be the same company (or at least under the same parent) so get yourself some legal advice ____________________ Old fart
Baghira, modded GS1000 and the T150 I bought in 1978 when I was 21 |
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P. Red Rocket
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owl World Chat Champion
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Minty |
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Minty World Chat Champion
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Nobby the Bastard |
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Nobby the Bastard Harley Gaydar
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kingnathski88 |
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kingnathski88 Trackday Trickster
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Derivative |
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Derivative World Chat Champion
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Old Thread Alert!
The last post was made 7 years, 46 days ago. Instead of replying here, would creating a new thread be more useful? |
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