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I worked for Fujitsu since 1996 and moved to cyprus on assignment in 2008 during 2009 i TUPE to HP who i work for now. The new company provided less support as i was left as team leader with no manager in the country and only support by email (took 5 days to get replies often if at all). So in total under TUPE 18 years in January.
Since i moved back a month ago to the UK they have been in touch with me twice via email and given me 2 weeks temp. work but have not given me any reasonable jobs to apply for. So far they have sent me 150 miles a day to go to work and the only other job is 60miles away and they will not pay for fuel. My contract says that when i returned to the UK i would get a job role similar to that i left, however they dont have any or not offered any and my job role before was local with a company car, they want to offer me the only job of no car or fuel money and like i said 60miles away. I am still under treatment for depression and counselling and i have not been asked by the company if i need any help or support either regarding the work related stress.
Hi sorry I was offline by the time you had replied. What action you are able to take against the company will depend on how your employment had terminated.
If you take voluntary redundancy then the reason for your termination will be dismissal and you would only be able to claim for unfair dismissal. This means you would be challenging the reasons for the dismissal or the procedure followed. For example you would have to argue that there was no real redundancy situation or that no redundancy procedure was followed.
If you resign instead, then your claim would be for constructive dismissal where you would claim that you were forced to resign as a result of a breach of contract by your employer. This is a more difficult claim to pursue as you have to prove all the wrongs you allege were committed by the employer.
The compensation you are entitled to under both claims would depend on how successful you are in obtaining a new job after your termination because you will only get compensation for loss of earnings. So if you find a comparable job very soon after leaving, it would be pointless making either claim because your compensation would be minimal. It would only be worth pursuing these if you are going to struggle to find anything for some time.
If you were to raise a grievance after you leave the employer would not be obliged to deal with it because you will no longer be their employee. So if you were going to pursue a grievance then you need to do it whilst you are still employed by them. Also a grievance does not guarantee anything as the final outcome still rests with the employer so if that is unsuccessful then you need to consider your legal options, which are the ones I mentioned above.
Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?