UK Employment Law

UK employment law questions answered by verified Experts

Ask an Expert,
Get an Answer ASAP!

This answer was rated:

I used to work for the NHS but my Department has been privetised.

There was the usual 'consultation'...
I used to work for the NHS but my Department has been privetised. There was the usual 'consultation' period. My new employer now insists that I now have to be prepared to work at another location an extra 30 miles away.While thay are going to pay mileage and expences I will not be compensated for the extra travel time, 2Hrs a day.
I changed my working hrs due to Child care restrictions. I now work 09:30 till 17:00 my employer now insists that I work these Hrs at the new location. Can you please advise me of my rights.

Jon.
Show More
Show Less
Ask Your Own UK Employment Law Question
Answered in 4 hours by:
7/21/2013
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 51,227
Experience: Qualified Employment Solicitor
Verified

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 exactly how long you have worked there.

Customer:

I have worked for the NHS for eleven years then 13 months ago my department was Privatised my IPP.(Intergrated Pathology Partnership).

Ben Jones :

Hello Jon, sorry I was offline by the time you had replied. I presume that due to the privatisation you were transferred to the new employer under TUPE.


 


TUPE applies when a business, or part of one, is transferred to a new employer or if there is a service provision change, such as a new service provider taking over an existing contract.


 


If TUPE applies to a transfer, then the transferring employees will move to the new employer on the same terms they were employed under just before the transfer. Simply put, the new employer will 'step into the shoes' of their old employer. This means the employees will preserve their continuous service with the employer and can expect to transfer their contractual terms and conditions over.


 


The new employer may sometimes wish to try and change the transferring employees’ terms and conditions of employment. However, under Regulation 4(4) of TUPE any such changes are void, unless the employer can show they were in no way connected to the transfer or if they were required for an economic, technical or organisational reason (ETO reason).


 


Some employers may try and justify changes by arguing that they are needed due to harmonisation and therefore rely on an ETO reason. However, Government guidance and case law has restricted the application of harmonisation as a genuine reason to amend one’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 a change in the workforce so harmonisation is unlikely to be used as a justifiable reason.


 


If the changes are part of a wider reorganisation which has nothing to do with the transfer, then they may be effective. The longer the gap between the TUPE transfer and any reorganisation, the greater the chance that the causal connection will be broken. However, there is no specific period after which it is safe to say that the connection with the TUPE transfer has been broken, as the test is whether the change is connected to the transfer. The mere passing of time does not of itself break the connection.


 


It is for the employer to prove that a proposed change is permissible under TUPE and if there are concerns that the changes cannot be made, this can be challenged by raising a formal grievance first and then considering making a claim in an employment tribunal.

Customer:

I guess the question is, Is the 30 extra miles they are expecting me to commute to one of the work sites a reasonable condition on employment. Even if it it means I am not able to fulfill my contracted hrs due to child care commitments. Is this grounds for constructive dismissal?

Ben Jones :

whether it is reasonable will depend on the individual's circumstances. So whilst for someone with no childcare arrangements this may not necessarily pose a big issue, for you it obviously does and it would be this that makes this unsuitable and unreasonable. This may indeed prompt resignation and a claim for constructive dismissal, however no one can predict if such a claim will actually be successful

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 51,227
Experience: Qualified Employment Solicitor
Verified
Ben Jones and 87 other UK Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 51,227
51,227 Satisfied Customers
Experience: Qualified Employment Solicitor

Ben Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

51,227 satisfied customers

Qualified Employment Solicitor

Jenny McKenzie

Jenny McKenzie

1,922 satisfied customers

10 Years of experience in Employment Law and HR

UKSolicitorJA

UKSolicitorJA

Solicitor

390 satisfied customers

solicitor

John Knox

John Knox

Solicitor

72 satisfied customers

Solicitor and Advocate

Kasare

Kasare

Solicitor

35 satisfied customers

LLB (Hons)

Buachaill

Buachaill

Barrister

24 satisfied customers

17 years experience

INC

INC

Solicitor-Advocate

22 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

< Previous | Next >

Related UK Employment Law Questions
hello Jenny. i hope you can help..with my old employer i
hello Jenny. i hope you can help.. with my old employer i worked mobile from home and we had an arrangement where i got paid when i left home to when i returned. my contract is very broad and was desi… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,922 satisfied customers
Good evening, I had a meeting with my manager and HR during
Good evening, I had a meeting with my manager and HR during which I was informed that my supervisor role will no longer exists as they are recruiting for a manager. I was encouraged to apply for the m… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,227 satisfied customers
For the past 9 years I have been employed by an NHS hospital
For the past 9 years I have been employed by an NHS hospital where I have been contracted out to work for another NHS service. During this period I have been based from home and been paid mileage at r… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,227 satisfied customers
I am a deputy manager in a care home on 40hrs contract. very
I am a deputy manager in a care home on 40hrs contract. very difficult to work out the exact hours hence i work as a nurse on the unit 2days (i.e 08:00-20:15hrs (12.25hrs p/day), half day (6.25hrs) an… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,227 satisfied customers
My wife works in an NHS Trust in England. She has recently
My wife works in an NHS Trust in England. She has recently been redepolyed. There was only the one post offered so there was no choice. Her new post is now in the centre of a town and she has to pay a… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,227 satisfied customers
Good morning, My employers are relocating to another premises,
Good morning, My employers are relocating to another premises, the new premises are 5.5 miles down the road from our current location in Farnborough. Because I use public transport to commute daily fr… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,742 satisfied customers
Can my County Council Employer change an established mileage
Can my County Council Employer change an established mileage rate unilaterally and in retrospect?… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,227 satisfied customers
My employer has informed me that we all have to relocate our
My employer has informed me that we all have to relocate our small office in London to another office 125 miles away. To travel via public transport this easily takes 2 hours 25 minute from our curren… read more
Daniel Smith
Daniel Smith
Bachelor's Degree
3,777 satisfied customers
I work for the NHS in Scotland. My job description states
I work for the NHS in Scotland. My job description states that travelling between hospitals in Glasgow (... and recently outwith Glasgow) on an as and when required basis is required. Whilst myself an… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,227 satisfied customers
I work for a local council in a nursery school. I was previously
I work for a local council in a nursery school. I was previously a job share but when the job share partner left the council made the nursery a morning only nursery which effectivly made me a a part t… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,922 satisfied customers
My contract of employment is about to be change from a travel
My contract of employment is about to be change from a travel allowance to millage allowance of 35p per mile. is the above correct or should i be entitled to more will they have to pay millage from ho… read more
Daniel Smith
Daniel Smith
Bachelor's Degree
3,777 satisfied customers
i currently get 40p per mile driving my own car as stated on
i currently get 40p per mile driving my own car as stated on my wage slip(tax free), i work for a disabled man but his daughter insists that she will reduce it to 25p a mile so she gets more miles fro… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,227 satisfied customers
I have an employee who works max 6 hrs a day she is paid hourly.
I have an employee who works max 6 hrs a day she is paid hourly. max per week 16hours. I have a very small (just started) cleaning company. I pay travell time between jobs and 25p a mile petrol allowa… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,227 satisfied customers
My employers have just merged with another company in order
My employers have just merged with another company in order to stay afloat and there has been one redundancy at the moment. The office in which I currently work in Greenwich is being closed and is mov… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,922 satisfied customers
my current work place is been closed down in may. we are been
my current work place is been closed down in may. we are been asked to move to another location 17 miles away & 25 miles from my home. we have a consultation meeting on friday where they want to agree… read more
Daniel Smith
Daniel Smith
Bachelor's Degree
3,777 satisfied customers
Hello Ben. This is a current UNanswered question. Rather than
Hello Ben. This is a current UNanswered question. Rather than relist, I have read some of your responses and i feel you may be able to assist me. - I have a specific issue with a cost of 15miles trave… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,227 satisfied customers
hi i currently work for a big corporate care company and things
hi i currently work for a big corporate care company and things are going from bad to worse, i am covering a lot of miles in my car 100's of miles rather than 10's and my employer is refusing to pay m… read more
UK-Justice
UK-Justice
Master's Degree
10,176 satisfied customers
I work with a charity called mindwise in belfast. Today it
I work with a charity called mindwise in belfast. Today it was just made aware to me that they have made issues regarding my mileage claimage. It states in my contract of employment that i work from t… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,227 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x