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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I have worked haulage company years. Fo 13 years

Customer Question

I have worked for a haulage company for 15 years. Fo 13 years we operated out of Belguim. Then in March 2014, we were transferred under TUPE to the UK side of the company. We then operated only in the UK picking up trailers that had been shipped from Belguim and delivered throughout the UK. On Friday we were told the Belgium side of the company had gone into liquidation. On Monday they told us to bring our trucks back to the yard and that our jobs had folded. They then informed us that they were going to transfer us under TUPE to a Dutch company who is based in Holland. We said we did not want to go and work in Holland, drive left hand drive trucks, and that the Dutch companies working conditions and practices are different to what we do now. The main difference is that they have no work for us so would immidietly give us a weeks notice. As they don't pay redundancy in Holland then we would be dismissed with nothing. Our companies say, if we don't accept the TUPE transfer, we're putting ourselfs out of work. Between the 9 of us that have been finished, there is over 130 years unbroken service with the current company.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. What would you like to know about this please?
Customer: replied 1 year ago.
I have work d for 15 years in a haulage company, 13 operating out of Zeebrugge in Belguim. The last 20 months in the Uk. The Belguim side has gone into liquidation on Friday and now they say I must transfer under the TUPE rule to a company in Holland. I don't want to go and work and n Holland and also the wage and employment practices are different to what I'm on. Holland does not pay redundancy and we have found out there are no jobs for us to go to. So basically they want us to transfer then we will be laid off by the Dutch company immidietly. Thus they won't have to pay us anything. Is it legal?
Customer: replied 1 year ago.
If we don't accept this TUPE transfer, the company say we're putting ourselfs out of work.

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