Advice on what happens to my wife
Discussion
My wife works for company (A) who employ her working out of another companies (B) premises. Last Sept she was told that company A had transferred her to a new company (C).
After a few false starts of where they were moving her to as company C need to move from Companies B premises, they have now made a decision, they'll be moving to a new office which is around 25 miles from Companies B. This will mean a 50 mile round trip 2 days a week, in the south that will probably be a 40-50 minute drive each way.
Also they were told they'd be TUPE'd over from Company A to Company C 10th Feb. But they just announced that they won't be moving until 6th March & they either need to take leave for the intervening period or be unpaid a she'll be off of Company A books.
My knowledge of TUPE is a bit sketchy, so looking for someone more knowledgeable on here.
After a few false starts of where they were moving her to as company C need to move from Companies B premises, they have now made a decision, they'll be moving to a new office which is around 25 miles from Companies B. This will mean a 50 mile round trip 2 days a week, in the south that will probably be a 40-50 minute drive each way.
Also they were told they'd be TUPE'd over from Company A to Company C 10th Feb. But they just announced that they won't be moving until 6th March & they either need to take leave for the intervening period or be unpaid a she'll be off of Company A books.
My knowledge of TUPE is a bit sketchy, so looking for someone more knowledgeable on here.
tr7v8 said:
My wife works for company (A) who employ her working out of another companies (B) premises. Last Sept she was told that company A had transferred her to a new company (C).
After a few false starts of where they were moving her to as company C need to move from Companies B premises, they have now made a decision, they'll be moving to a new office which is around 25 miles from Companies B. This will mean a 50 mile round trip 2 days a week, in the south that will probably be a 40-50 minute drive each way.
Also they were told they'd be TUPE'd over from Company A to Company C 10th Feb. But they just announced that they won't be moving until 6th March & they either need to take leave for the intervening period or be unpaid a she'll be off of Company A books.
My knowledge of TUPE is a bit sketchy, so looking for someone more knowledgeable on here.
If she TUPEs on 10th Feb, that’s her start date in the new company.After a few false starts of where they were moving her to as company C need to move from Companies B premises, they have now made a decision, they'll be moving to a new office which is around 25 miles from Companies B. This will mean a 50 mile round trip 2 days a week, in the south that will probably be a 40-50 minute drive each way.
Also they were told they'd be TUPE'd over from Company A to Company C 10th Feb. But they just announced that they won't be moving until 6th March & they either need to take leave for the intervening period or be unpaid a she'll be off of Company A books.
My knowledge of TUPE is a bit sketchy, so looking for someone more knowledgeable on here.
They (company C) can’t delay that or not pay her until they’re ready. They (company C) can impose holiday with 4 weeks notice, but that’s a little sketchy.
They certainly can’t enforce it unpaid, unless she’s on zero hours contract.
She can refuse to TUPE to company C if the commute is too long, but that’s effectively forcing her own redundancy. That may be a good thing or not, depending on your viewpoint.
tr7v8 said:
jammy-git said:
Not an employment expert, but I believe TUPE has to be continuous employment.
How long has she worked for Company A?
Technically since 1997 but the dozy HR team only reckon its since 2013! How long has she worked for Company A?
vaud said:
A free call to ACAS might be worth a try...
I would follow this advice, maybe even find an employment solicitor to talk to. And start digging out any contracts and communication that strengthens your wife's case.Make sure she has hard copies of all communications, it would probably be a good idea to start keeping a diary and ensuring that she has contemporaneous notes of any discussion that is had around the subject and other interactions with HR and the management team.
This sounds like a constructive dismissal in the making, the company certainly seem to be playing fast and loose with employment law.
This sounds like a constructive dismissal in the making, the company certainly seem to be playing fast and loose with employment law.
tr7v8 said:
jammy-git said:
Not an employment expert, but I believe TUPE has to be continuous employment.
How long has she worked for Company A?
Technically since 1997 but the dozy HR team only reckon its since 2013! How long has she worked for Company A?
is there a back story there?
deja.vu said:
tr7v8 said:
jammy-git said:
Not an employment expert, but I believe TUPE has to be continuous employment.
How long has she worked for Company A?
Technically since 1997 but the dozy HR team only reckon its since 2013! How long has she worked for Company A?
is there a back story there?
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