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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49788
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am being transfered at work under tupe the new office if

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I am being transfered at work under tupe the new office if 24 miles away from where i work now. I have a 10yr old stepson who i have to pick up from after school club and would not get back in time to do this if i changed to the new office. If i object to the move would i still be able to claim job seekers allowance while looking for a new job

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long you have worked there.

To answer your query, when you object to a TUPE transfer you would usually be expected to send a letter to this effect to the employer and one of the paragraphs there says that you understand that you may not be eligible for state benefits or jobseekers allowance if you do so.

That means there is a risk that your claim to JSA may be rejected. However, that does not happen automatically and the Jobcentre Plus will take into consideration the circumstances behind your objection when deciding your application. So if had unreasonable objected to the transfer, for example because you simply did not want to work for the new employer and without providing a good reason, then your claim for JSA is likely to be rejected.

However, if you had justifiable reasons to object to the transfer, such as an unreasonable increase in commuting distance/time, unreasonable changes to your existing terms, etc then this will be taken into account by the Jobcentre and will hopefully allow you to claim JSA. There is unfortunately no way to guarantee if that will happen but these are the factors they will consider when assessing your application.

I would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you
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