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TUPE, redundancy, change of location, flexible working - argh, help!

1 reply

changingstages · 28/02/2013 02:03

I've name changed for this as it's all quite specific and don't want to be outed...

I work full time for a company that is now being merged with another. When I began the job, three and a half years ago, I moved from London to the location of the job, 70 miles away. While I was pregnant, I asked to work from home on one day a week, which was accepted. While I was on maternity leave, the office was disbanded and everyone began working from home, full time.

When I returned to work I made a flexible working request, to work full time but over four days rather than five. This was accepted.

At a meeting today we were told that the 'transfer will take place in accordance with the TUPE regulations' and that today marks the beginning of a one month consultation process.

We have been told that employees (there are only 9 of us - well, 8 now as one was made redundant today) will transfer their employment to the company we have merged with on 1st June, with full continuity of service.

We are expected to now work from the office of the company we have merged with, in London. They have said 'we are open to discussing the amount of time required in the office on a role by role basis however expect this to be more office based than is currently the case'.

Office hours are to be 9.30-5.30 without exception (as far as we can tell - they don't seem willing to budge on that).

We've been told that travel costs will be covered for three months. The letter I have says they would like the employees to transfer to the London office 'however understand that for some, the travel time may be excessive. In this case any redundancy payments will bear in mind your contractual terms' etc...

This will entail a very significant commute for me - just under three hours each way. From what we have learned about the company culture from others (who were assimilated into the company themselves about 18 months ago) I suspect that although they say they are open to discussion about not always being in the office, they wouldn't be happy with all that much time out of it.

I am in a union, and I will be talking to them tomorrow too, but the HR consultant wants to speak to me on Friday so we can discuss things further. I feel totally lost. For a start, I love my job, and don't want to leave - but if I add a six hour commute to my day I will not see my child, except on weekends.

They are citing economic reasons for being able to bypass the TUPE agreements. But it's very hard to see how they are justifying it economically, as they will have to pay for our significant commuting costs, and have mentioned renegotiation of salary once the travel expenses part is over in three months.

I couldn't afford to do this without an increase in salary which took travel costs into consideration. But I also cannot see how I can keep my flexible working - and this would mean that DH would either have to give up his part time work, which he does on my day off; or DD would have to go into childcare for that day. And, as I've said, I would rarely see my child.

I feel so confused and upset. I have no savings to fall back on and rather a lot of debt, so redundancy would be a very difficult option (and I would only get statutory redundancy pay, which would be a total of £780 due to my rather pathetic salary). I want to keep my flexible working agreement as we have structured our entire lives around that. I don't know what questions I should be asking or really what rights I have, and I feel miserable.

I am sorry for the massive post, but if anyone had any advice, I'd be very grateful.

OP posts:
changingstages · 28/02/2013 02:05

I should probably say that everyone has been working from home for over 2 years now (very successfully), and my flexible working arrangements have been in place for 18 months.

OP posts:
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