Advice re TUPE options

[Chiptech62]

Good morning all.

I wonder if I could reach out to some of you regarding some concerns I have about a forthcoming TUPE transfer. I work as an IT manager looking after a team of support analysts and due to a company restructure, that service is being transferred to another company.



Initially, I was expecting in my mind at least to be made redundant however I will be part of the team transferring. My concerns are that by way of ETO, my start times could be changed to a point where it makes the commute difficult to achieve, as it will be a push as it is.



This would leave me 2 options as I currently see things. If I didn’t accept the transfer, I would just resign in a normal fashion and would forfeit any redundancy pay, and at 62yrs and with17 years service, and whilst its UK gov based, it’s a sum I would prefer to retain.



The other option would then be to transfer and then hope that my role would be absorbed by their existing work force and my role made redundant with the new employer footing the bill. Being the cynic that I am, I somehow feel that I will be out manoeuvred and will simply end up resigning once transferred.



Any guidance or food for thought would be greatly appreciated.



Kind regards.

 

[Newchodge]

Good morning all.

I wonder if I could reach out to some of you regarding some concerns I have about a forthcoming TUPE transfer. I work as an IT manager looking after a team of support analysts and due to a company restructure, that service is being transferred to another company.



Initially, I was expecting in my mind at least to be made redundant however I will be part of the team transferring. My concerns are that by way of ETO, my start times could be changed to a point where it makes the commute difficult to achieve, as it will be a push as it is.



This would leave me 2 options as I currently see things. If I didn’t accept the transfer, I would just resign in a normal fashion and would forfeit any redundancy pay, and at 62yrs and with17 years service, and whilst its UK gov based, it’s a sum I would prefer to retain.



The other option would then be to transfer and then hope that my role would be absorbed by their existing work force and my role made redundant with the new employer footing the bill. Being the cynic that I am, I somehow feel that I will be out manoeuvred and will simply end up resigning once transferred.



Any guidance or food for thought would be greatly appreciated.



Kind regards.

If the proposed transfer makes it impossible to accept the job (for example you live in Southampton and the new e4mployer expects you to work daily in Aberdeen, you raise objectios to the transfer as being unreasonable and should be made redundant in the same way as if your existing employer in Southampton relocated to Aberdeen,

I would be very surprised if changing the start time were to be considered a reasonable ETO. Everyone else starts at 08:00 so you must as well is not reasonable.

 

[Chiptech62]

Thanks Cyndy. This is my point, a slight change wouldn't be unreasonable but it could be sufficient to make the role untenable and subsequently "force" me to resign and surrender any financial severance. Ideally I'm trying to head this off at the pass during the consultative period.

 

[Newchodge]

Thanks Cyndy. This is my point, a slight change wouldn't be unreasonable but it could be sufficient to make the role untenable and subsequently "force" me to resign and surrender any financial severance. Ideally I'm trying to head this off at the pass during the consultative period.

I suggest you speak to your union.