TUPE, Relocation and redundancy

[Georgelassosthemoon]

Help! It looks like I am potentially in scope for a TUPE transfer to another company when the contract I am working on is taken back in-house. The new company is based 300 miles away and relocation would be impossible for me (plus I have a non-mobility clause in my contract). Am I right in thinking they would have to offer me redundancy? Could they force me to work at home?

By a non-mobility clause, do you mean that your place of work is XXXX, and there is nothing in the contract to say that you could be asked to work elsewhere?

Is yours a job that could feasibly be done from home?

I'd guess that unless the new company is going somehow to retain your current workplace, then they will consult about any possible relocations but if there is no role to which you could relocate or you didn't want to relocate (300 miles that is ) there would be a redundancy situation.

If there is a TUPE transfer then your current employer should consult with your union or other representatives about the implications of the transfer and this should include discussing all these issues, so you'll be able to find out then.

Thanks Tiger. My contract states that I am not mobile. I can be asked to move to an office within a reasonable distance. The new company only has the one office so I'd either have to relocate there or be made redundant. I'm not so worried about being made redundant - what worries me is that they could somehow force me to work from home rather than make me redundant. I'd really hate that.
It's really early days - and as you say there will be consultation, I'm just trying to find out as much as I can well in advance. I have been through a Tupe before and that worked out well.

Meant to say that yes I could feasibly do 90% of my job from home but I would hate it. I work from home occasionally but much prefer being office based.

I think it's pretty unlikely they would ask you do this. And anyway you're not a homeworker now, so that would be a change to your contract which they shouldn't try to push through under TUPE.

I think it's more likely they will go through a redundancy process. Sorry you're going through this, it's not nice when things are uncertain but the consultation should throw some light on things.

I was tupe'd 2 years ago and am intrested in signing a new contract for my employer.Will doing this dismiss my right to being tupe'd again if my employer does not regain the contract when its up for renewal?
any help on this senario is much appreciated...thanks :)