Hello my name is ***** ***** I am happy to help you today. Is your employer's business being taken over by another company and what does your contract say exactly about Place of Work?:
And you have never had to cover other districts for the entire time you have worked i.e. 9.5 years?
Ok thanks can you explain your disability to me and the impact that this has on your ability to carry out your job and the impact of it on working, as proposed by your employer, in the new districts?
Well if it has an impact on your ability to carry out the job then it is relevant. I am not able to give you full advice if you are not prepared to give me the facts. It may or may not be relevant without understanding the situation I cannot advise you on whether your employer has any obligations in law as regards ***** *****
I am happy to advise just on the contractual issues if you like.
I would suggest that you raise a grievance to your employer on the basis that whether tupe applies or not , which it appears to in this case, the employer is not entitled to change terms and conditions without notice.
Whilst your original contract required you to be 'flexible' being required to change your area altogether is clearly a change in terms and conditions and is unlawful if it is imposed without notice.
On the basis that you are being outsourced to a new employer to do this work then TUPE will be relevant and any attempt to change your terms and conditions post a TUPE contract is void.
You should raise all of these issues with your current employer in a grievance and see what their response is.
If the employer insists on going ahead and you are transfered to the new employer and the new terms are imposed then you can raise a claim in the employment tribunal.
It is not a redundancy situation unless then need for a person to carry out your role has ceased or diminished. This does not appear to be the case on the basis of the information you have given me, rather it appears that it is simply a change of location.
Your disability may be relevant as a disability may impose a duty on the employer to make reasonable adjustments which may include keeping travel time to a minimum. I cannot comment on this further as I do not have details of your disability.
If you have any further questions please do ask.
HI I would suggest that you add the disability issue to the grievances and say that as disabled person their suggestion subjects you to a disability.
sorry should have said subjects you to a detriment.
You can also say that it is a reasonable adjustment for them not to expect you to travel when you could work close to home as you have done in the past.
If you are forced to resign then you can claim constructive dismissal and disability discrimination.
Hi it doesn't matter that it is given to another person. If the job still exists (albeit done by someone else) it is not a redudnancy situation from an employment law point of view.
I am about to go offline as I need to go to a meeting. If you have any further questions I will be happy to answer them on my return. If I have answered your question I would be grateful if you would take the time to rate my answer.
the reasonable adjustment would be to allow you to remain at your current location. I think there is a discrimination and a breach of contract argument that you can raise and I would advise you to raise a grievance in the first instance. If that does not result in a change on mind then come back to me for further advice.
I need to go offline for a meeting now. I am happy to answer your follow on questions on my return (midmorning). I n the meantime I would be grateful if you would take the time to rate my answer. Many thanks.
Hi , you have not yet been given formal notice of a change in terms and condiitons, this cannot be done until after the consultation period has taken place. Contractual notice would be a week per full year of service.
Any attempt to change your terms and conditions (even with notice) after a TUPE transfer is unlawful under the regulations (this is what I meant by void). If after a tupe transfer your contract is changed then you can bring a claim in the Employment Tribunal for a declaration that your employer should stick to your original terms.
The cases you refer to support my earlier advice that you should raise a grievance and that it is unreasonable for you to be asked to move. It does not mean there is a redundancy sitaution though as the need for someone to do your job at your exisitng location still exists.
I would suggest you raise a grievance as soon as possible. If you can do it before the consultation then you should.
Yes you are absolutely right. It is unreasonable under normal contractual principles and is also discriminatory as it subjects you to a detriment on the basis of your disability.
If there is anything further you would like to know then please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
no problem please do remember to rate my answer as I am not otherwise credited for my time. Please do come back to me in the future if you need to and all the best.