My employer sold the company where do i stand?

Andy27UK · Sep 15, 2008

Hey,

My girlfriend has worked for 7 years at a company in London who have just sold the business.

She already leaves at 6:30am and gets home around 8:30pm sometimes later and the move means an extra 45 mins each way traffic pending. The extra travel will also cost around £100 - £120 a month which we just cant afford.

If reduncy was an option she'd take it but it's not and no extra pay to cover travel expenses is offered. She has no choice but to leave empty handed.

Does she have any appeal at all?

Thanks in advance.

Paul Kelly ICHYB · Sep 15, 2008

Without knowing the specifics of the takeover, I believe that if the only thingthat has changed is the ownership, not the working times/duties etc, there is little/no recourse.

It looks like here issue is not with the new owners.

However, are you indicating that the place of business has changed? If this is the case, there is probably scope for appeal/redundancy/compensation.

davidakerr · Sep 15, 2008

Under TUPE regulations she may have a case if her terms and conditions of employment specifies a particular address of her workplace, however if the conditions state that she may have to work in another branch or address then that may change her case.

Andy27UK · Sep 16, 2008

Thanks guys,

Yes, by extra travel i meant to imply that the business has been sold to another company at a new premesis.

There is a job available of some description for her at least for the time being. The problem remains that her personal circumstances have changed for the worse. Around 10 extra hours travelling a week and £1,200 in expenses a year to find

davidakerr · Sep 16, 2008

You dont mention what her terms and conditions of employment state. That could be a deciding factor in whether or not she has a case. She could contact ACAS and seek their help in resolving the matter, but I reiterate her terms and conditions could be the deciding factor.

Andy27UK · Sep 16, 2008

I've just read through them and the contract states her place of work and her working hours along with her daily duties etc. It states that her job role may change and her pay could be affected... all pretty standard stuff.

What should i look out for in particular with regards to change of circumstances?

elaine@cheapaccounting · Sep 17, 2008

Also need to consider the distance that the new premises are from the old place of work and not from your home. For example if may only be say 5 miles. In practical terms that could mean another bus, train or congested roads that leads to a large increase in time. However the actual distance may not be a 'significant' change to terms and conditions of employment.

Andy27UK · Sep 17, 2008

Sure, we're estimating 30 mins each way using the London underground and then on foot. The distance is approx 5 miles across central London by google map. This is from her current work placement to the new company address at a cost of around an extra £90 - £120 a month.

If for any reason she had to take her car to work she'd also have to pay the congestion charge.

Regardless of appeal or not she'll have to leave as her wages and working hours are already just about sustainable.

mahutchinson · Sep 17, 2008

Seems an extraordinary increase in cost. My whole monthly ticket for the whole network only costs that.

Andy27UK · Sep 17, 2008

I think she may have calculated the fact that she's car sharing at the moment part way and then catching a train into London from Brockley.

The change in travel times means this isn't going to be possible now. This is circumstantial of course but it all adds up to extra travel time and expense which we cant justify for the wages she's on.

I guess it's just going to be a case of hard luck and she'll have to look elsewhere for a position. She could probably find a local job and be better off for a lesser salary. Easy for me to say though, she's put 7 years into the job!

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