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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 11685
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Brief work history with current employer. Started work with

Customer Question

Brief work history with current employer.
Started work with company just under nine years ago as a PCV driver.
After first year i was promoted to Driver/Supervisor. Working split shift days/nights over seven days.
May 2012 invited to apply for office based position. Largely an admin role, chasing missing funds, checking drivers hours, driver rota’s, taking private hire bookings, etc. With very little driving as this was discouraged. In this new role my hours of work were, and still are for the moment, 07:30 to 16:30 Monday to Friday with Bank Holidays off. These hours have been worked since May, apart from the rare emergencies. No new contract was issued with these hours of work, but has been cusom of practice since then

My current employer has decided it no longer wants the transport side of the business. Issued a risk of redundancy notice and began consultations in July 2013.

Risk of redundancy notice removed as possibility of being TUPE’d over to new employer.

New employer wants:- Change my role back to driver with no loss of earnings.
Hours of work to revert back to split shift day/night.
Change location of depot.

The later of the three is not a problem, the first two however are. I was finding it hard working split shifts as a supervisor due to travel time and cost of making two journeys to and from work each day, as i live 15 miles away, and takes typically 40 minutes each way. Returning to this is a cause for concern, being no spring chicken.

Do i Have to accept being TUPE’d over, and the change to my hours of work, or can i ask for redundancy, seeking more suitable position.

Thanks in advance for any help you can give.
Submitted: 4 years ago.
Category: Employment Law
Expert:  taratill replied 4 years ago.
Hello and welcome to Just Answer, is the new employer saying that it no longer requires a person to carry out the role you have been doing and that it has an ETO reason to change your terms and conditions?