TUPE and location of work query?

[TUPEQuery]

It appears that we are being TUPEd across to a new company. The problem is that I'm expected to move to an office over 50 miles away. (I currently live within walking distance of the office.)

My office will still exist, but another team will sit in my department.

Whether I travel by train or car it means my commute would be about three to four hours a day. I'd need childcare from 7am to 7pm or later and there simply isn't any that will accommodate that. A nanny is not financially viable, even if they would work 60 hours a week.

I cannot afford to relocate to new City. Significantly more expensive.

There will be no financial assistance with travel. I genuinely can't afford to spend thousands a year on travel.

There will be no relocation financial assistance.

Can they do this? Is there anything I can do? The cases I've found all seem to be pre the 2014 changes.

Somewhat despairing!

Try ACAS , they may have to offer redundancy.

I will, thank you.

Looks like it's time to tart up my CV.

What's particularly annoying is that others are moving from that office to my office - and they don't want to move either.

Any relocation would need to be considered "reasonable", I would not consider an office 50 miles away to be reasonable at all. Unless you have a mobility clause within your contract already that covers this level of mobility? Under TUPE they should not be changing any of your terms and conditions to your detriment, which this would be. They would basically be forcing you to resign which would be in direct response to TUPE so automatically unfair! There would also be an element of sex discrimination in there to due to the childcare issues.

There would not be an element of sex discrimination due to childcare issues - an employee of any gender could have children and therefore childcare issues, definitely not sex discrimination.

Well, ACAS have advised that nothing can be done other than to advise them that they should offer redundancy as there is a mobility clause. Although this office didn't exist when I signed my contract many moons ago.

Elly, as it happens, across the people earmarked for moving it's only The women who have children, and the majority of those are part time. Women Of childbearing age and part timers gone in one fell swoop. But I'm sure that's a complete coincidence!

It was suggested that I ask my partner to reduce their hours to cover childcare. The mind boggles at that being considered a reasonable suggestion.