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tdlawyer
tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience in employment related issues.
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Hi Our Company has just been taken over by another and we

Resolved Question:

Hi
Our Company has just been taken over by another and we received a letter saying we would be doing the same jobs for the same pay under the TUPE regulations 2006. I am an office manager but do all management accounts payroll invoicing etc and I think much of this work will be taken to their main office and they may ask me to work from there at some point. What will be my rights as I do not want to move from where I am and at the moment I feel that they may try and push me out by trying to make my life not very good? I have already been told one thing on Thursday then told I hadn't been told that at all (in no uncertain terms) and told to do something else on Friday.
Submitted: 3 years ago.
Category: Employment Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

I need to ask you a couple of extra questions.

tdlawyer :

How long have you worked there for?

Customer:

it would have been 13 years on 4th June and they took over on the 16th May.

tdlawyer :

Okay. And is there a mobility clause in your contract, which allows them to request you to work from other offices?

Customer:

no

Customer:

we never had any other offices

tdlawyer :

Okay. Then if there is no contractual power to force you to move to other offices, it would be a breach of contract for them to try and force you to.

Customer:

what about if they try and make my life difficult?

tdlawyer :

Well, they shouldn't do that .... but if they did, and they tried to force you out, depending on what they do, you might be able to claim constructive unfair dismissal.

tdlawyer :

This is where their conduct forces you to resign.

tdlawyer :

However, these claims are always more difficult to prove.

Customer:

Yes I can imagine that!!! What if they take away some of the jobs I do or give me even more to do?

tdlawyer :

The issue is whether what they're asking you to do (or will ask you to do) is part of your contractual role. They can increase your workload, so long as they don't overload you and cause you to have difficulties.

tdlawyer :

There is usually no obligation to provide work, so long as they pay you, they could ask you to do far fewer things.

Customer:

On thursday he told me the bank account should be sorted for next week to pay the wages. Then on Friday he came in and said had I sent Rebecca the wages details yet and got very heated with me when I said that I thought I would be paying them as the account would be set up. His words were "I did not say that" so I just put my head down and looked at my desk while he went away.

tdlawyer :

Okay. I guess the real issue is whether you're going to be paid, isn't it?

Customer:

It has left me now with no clue as to what I should be doing as he seems to change his mind from day to day. And as for just getting paid no I don't think so. I tend to suffer very badly with health if I am treat like that.

tdlawyer :

Then you should tell them that. Tell them you are not receiving clear instructions and you need those. Do it informally first, but if you have to, then you could raise a formal grievance.

Customer:

I need to know what is expected of me!!

tdlawyer :

You should not suffer any detrimental treatment for seeking to understand what is expected of you - so I agree with your point.

Customer:

I have written an e mail to Rebecca who does the job I do at their office and asked her to e mail me back with what I need to do as I need to have it in writing. Can I copy and paste it here so you can see what you think please?

Customer:

Sorry have you gone? Is my time up?

tdlawyer :

I'm here ....

Customer:

can I copy and paste it then?

tdlawyer :

If you cut and paste - do it without names etc. as this is a public forum don't forget.

Customer:

Oh yes I did LOL

tdlawyer :

:)

Customer:
It seems I had misheard what ***** **** said on Thursday as I thought a bank account was going to be set up for this week but apparently that isn’t what he had said and I need to get the wages to you. This has left me a little confused as I am not sure if I should be just sending you the time sheets or hours or whether I am to do the wages and send you the figures or what?

The accounts can be transferred but it will be chargeable for so much of it as we don’t have reporter on our system (I was going t attempt it my self but that will take time). I have managed to clear the B Company so it is ready for setting up and I have transferred the account codes for the nominal and also started to set up the wage accounts, The Ni tables have transferred over fine and I was setting up the lads wage accounts when ***** called on Friday (as there were many other things going on too I will be finishing them off on Tuesday).

Can you please let me know what I am meant to do as there are invoices which will be for *** not *** to do in sales and there will be some purchase invoices that will be post *** *** too that are not contractual).

It has been preying on my mind all weekend as I think **** had expected me to have it all done when he called so I have written this e mail from home so I am able to send it to you first thing on Tuesday morning.

If you can get back to me and let me know it would be appreciated.

Also could you please put it in e mail so I have it in writing and then I know I am doing the correct thing.

Thank you

kind regards

 

tdlawyer :

Okay I've read that.

Customer:

what do you think. Is that okay?

tdlawyer :

I think that's absolutely fine - I see nothing wrong with that.

Customer:

brilliant.

Customer:

Thank you for your help it is appreciated. I will see how it goes for now and I will ask for everything in writing so there can be no re runs of Friday and if they call me back and give it verbally I will ask again for it in writing.

tdlawyer :

Yes, I think that's very fair and proper. You're welcome, I'm pleased I've helped. Can I just ask whether you're happy with the overall service today?

Customer:

Yes Thank you. you have put my mind at rest a little so hopefully tonight I will sleep better LOL

tdlawyer :

Great - pleased to help. Thank you again!

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