TUPE question

[98elise]

Not me (I'm a contractor) but others in my office are in a TUPE situation.

The new companies offices are 100miles away and the majority of the staff do not want to transfer for obvious reasons.

What happens in this situation? There are a lot of worried people who have little idea what their legal position is.

[98elise]

edc said:

They would need to check their contracts for any mobility clauses.

Good point, I that would mean it's no different to original employer just wanting to shift the office?

There has been a terrible lack of information so far. Some people still don't know where their job will be based, and the transfer occurs at the end of the month!

[98elise]

Countdown said:

55palfers said:

If they don't want to relocate I suspect they will be made redundant.

^^^

I’m not saying they don’t exist but I’d be surprised if a mobility clause would go as far as 100 miles.

Who would be liable for the redundancy payments? I know some have been told that if they don't want the jobs they will have to resign, however I'm getting that third hand.

[98elise]

Countdown said:

98elise said:

Who would be liable for the redundancy payments? I know some have been told that if they don't want the jobs they will have to resign, however I'm getting that third hand.

The new company. Their contracts transfer over automatically. the new employer is then liable for either keeping them on or making them redundant. They should not resign before the transfer.

Thanks I'll pass that on.