# Is this Redundancy / TUPE / neither. Small Co no work in Ire won contract in UK.



## avs0020 (14 Jun 2011)

My friend's firm has announced that they have no work left in Ireland but have secured a contract in the UK and intend to move all their staff to the UK. This isnt, as far as I know, a TUPE scenario as the staff continue to work for the same company? Is this first assumption correct?

If my friend does not want to relocate, and she turns down the transfer, I presume she loses her entitlement to redundancy, and effectively resigns by turning down an ongoing employment offer?

In addition the company have made a compelling argument that they have to pay UK rates of pay because the company is being paid UK rates and the cost of living and basically everything is less than here. The company would not have been sufficiently competitive if they tendered at Irish wage rates, and would not have secured the UK contract at all. But. if she doesnt agree to the decrease in her wage rates, is she entitled to redundancy at that point?

The company has also said that they genuinely regret that they cannot afford to pay relocation expenses or provide periodic flights back to Ireland to visit family. For all intents and purposes employees have to think of the UK as "home". Is this legal (although I know the company is honestly stretched for funds)?

Thanks for anyone's input. Stressful times and I'd really like to offer her some meaningful advice.


----------



## robbie00 (14 Jun 2011)

Firstly looks like the company is trying to pull a fast one. If the employee doesnt move to England with the company they would be entitled to redundancy as there contracts and terms of employment would have changed so much.

I would suggest they go to there union representatives and discuss this ASAP. There is no way this is legal. Its not a TUPE scenario as there is no other company.

Is this a big company? does the move to England affect many workers?


----------



## avs0020 (15 Jun 2011)

About 12. Its a small non-unionised company. I genuinely believe company has no choice but just want to know what benefits my friend can expect if she doesnt take up job offer. Company says they are offering work so it isnt redundancy. Thanks for reply.


----------



## robbie00 (15 Jun 2011)

it is a redundancy situation as the only alternative work being offered is in another country. Even then they should be giving the workers money towards moving to the new role should they take it up.

Im afraid you would either need to get all the 12 to join a union or else they would need to seek join legal representation as they are being made redundant by the company by not taking up the positions offered in England. 

Depending on how long your friend is working in the company and what terms can be agreed with them in terms of payoffs will determine how much they will get.

I would suggest all the workers get together and either hire a solicitor who deals in workers right etc or try to join a union but as theres none in place they mighten want to represent the workers.

Any idea when they are looking at closing the Irish location and moving the work back to the UK.


----------



## robbie00 (15 Jun 2011)

Also have a look at this:

http://www.citizensinformation.ie/e...quently_asked_questions_about_redundancy.html

*What is a reasonable alternative ?*
If your employer makes you a reasonable offer of alternative work, and you refuse it, you may lose your entitlement to a redundancy payment. What is reasonable depends on the facts of each case. Generally speaking, alternatives which involve a loss of status or lessening of the terms and conditions would not be considered reasonable. Likewise, you may be justified in refusing an offer that involves you travelling an unreasonable distance to work. 

So its unreasonable to ask employees to mvoe to another country for work.

I suggest your friend should contact the Citizens Information service to get some free advice before contacting a solicitor etc.


----------

