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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi Recently company based in Belfast where I am currently

Resolved Question:

Hi
Recently company based in Belfast where I am currently working lost the contract to provide customer support service and announced that the contract has been awarded to another company base in Paris.
I was informed that under the TUPE regulation my job will be transferred to new employer in France.

In my permanent contract I have no obvious statement that my job can be transferred abroad.
As my family is based now in UK I am not able to accept this transfer.
Do I have to accept this job following the UK law? f not what are the consequences.
Thanks
Anna
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello Anna,

Yes TUPE applies in offshoring situations I.e. When the undertaking is transferred outside the UK, as per the case of Holis Metal v GMB and Newell.

If you refuse to move to France, you will be made redundant if there is no suitable alternative job for you in the UK that your employer can provide.

See here for more information on redundancy

http://www.nidirect.gov.uk/index/information-and-services/employment/redundancy-and-leaving-your-job/redundancy.htm

Hope this helps
Customer: replied 2 years ago.

If I refuse to move to France who make me redundant my old or new company and whose duty is to pay redundancy payment and how the payment is currently calculated.


I am working since June 2008 up now and I am over 53 years old.


 


If my future -french employer have to contact me personally to discuss conditions or usually it is done by letters -as I have no intention to move and travel to discuss my job transfer to France.


 


Thank for answer


Anna

Expert:  Ben Jones replied 2 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.were you offered a redundancy package
Customer: replied 2 years ago.

No.


 


I did not get information from my current employer who will be responsible for my redundancy package- my old or new employer.


My new french employer does not confirm if they meet me/staff to announce transfer conditions and how things happen.


Thanks

Expert:  Ben Jones replied 2 years ago.
Hello, the earlier advice you received is somewhat misleading – there is no guarantee that this would amount to a redundancy situation at all and there are certain criteria that would need to be met for this to happen. In these circumstances the most common scenario is as follows a) The employee has the right to object to the transfer and this has the effect of terminating their employment. Generally, this amounts to a resignation and the employee will simply walk away from the job but without receiving any compensation; b) If the proposed changes can be justified by the employer as being necessary for an economical, technical or organisational reason they could be fair, even if the contract does not cover them, in which case you would be expected to move and if you refuse to do so you would again just be resigning. However, if they cannot be justified as being necessary for any of these reasons then you may consider resigning and making a claim for constructive dismissal against the new employer. However, this is not a redundancy situation.
Customer: replied 2 years ago.

Ben


 


Thanks for answer.



My employer informed me in the letter that the decision to change service provider is purely strategic- to what group these belongs? -is it organisational reason?



From your answer above it means that i have small change to received any redundancy money/ package from any of employers.

Expert:  Ben Jones replied 2 years ago.
Whether something qualifies as an ETO reason (economical, technical, organisationl0 is always rather difficult to establish, mainly because there is no specific list of reasons one can refer to and every situation will depend on its own facts. For example, Government guidance and case law has restricted the application of harmonisation as a genuine reason to amend a person's terms of employment. Harmonisation will only be a valid reason if there is a change in the workforce and this must involve change in the numbers, or possibly functions, of the employees. In practice, relatively few contractual changes would involve such changes so harmonisation will rarely be used as a justifiable reason. Essentially it is for a tribunal to determine if the reason used was due to an ETO requirement, but this is still not a redundancy situation I must point out so you are not actually pursuing a redundancy payment here, rather compensation for having to leave your job due to these changes – this is a constructive dismissal claim.

If your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45363
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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