By: Sandy

Sandy — Wed, 02 Mar 2011 18:19:52 +0000

Does anyone have any advice on this subject? I am subject to TUPE that will mean I will have a 42 mile drive to work into London instead of an 8 mile drive to a local rural office. That means at least 3 hours travelling instead of my current 40 minutes. No time or financial compensation is on offer.

By: Anonymous

Anonymous — Mon, 08 Nov 2010 20:42:44 +0000

I have recently been transferred to another employer – Capita under the tupe regulations. The options letter states that by choosing a secondment by taking this option you are resisting changes within the organisation. Can this be perceived as a threat. In addition, since this time i have been subjected to a great deal of victimisation in various forms e.g. by being embarrassed in the office with people trying to show my incompetence. In addition, because of the tricky position i am in people are given me too much work which is causing me to fail specific duties i am aiming to succeed in. In addition, i have been called deaf by my immediate line manager. Furthermore, i have noticed that there appears to be a lack of communication within the organisation. Can material detriment be caused when i have conditions which state that i need to have a substantive post to pursue my career. Does the effect of TUPE mean a detriment to myself in the terms whereby my employer is trying to push me to breaking point where i am unable to relax. Furthermore, i have been subjected to various overpayments by the council of which none of them were my fault. I feel like blowing the whistle on the systems and the processes within my organisation. However, i do not want the publicity, i am currently earning a significant wage and my income is suddenly going to drop. Furthermore, i feel i am going to feel detriment in the future as i am being forced from a position whereby i was working with finance and going up through the grades in the council. I am in a position whereby i am currently on secondment and working on projects which will add value to my CV and adding alot of value to the council – the effect of the move will affect my ability to move on in my career and so is the overpayment as i am not able to pay it back in a timely fashion and the baggage of this could also cause the same effect – i feel trapped at the moment and the cumulative effect is affecting my health and ability to concentrate on tasks i need to complete. There also appears to be a great deal of nepotism whereby i am not given alot of information and being kept out of the loop whereby i should have been and having to make decisions without any hand off. I have now got to the stage where i am feeling suicidal and have called the samaritans twice. I feel sick everyday going to work especially knowing that now i am a project manager i am going to be made a call centre agent. I feel this is going to stop my career because i feel trapped.

By: Steve

Steve — Mon, 13 Sep 2010 15:06:00 +0000

If you have a mobility clause in your terms and conditions limiting your transfer to a location no further than 5 miles from your current office and you are being transferred to a company under TUPE that is 30 miles from your current location and would involve a considerable increase in time and travelling costs, how do you stand if you refuse to transfer and seek redundancy under the “substantial change” and “material detriment” definitions.

By: Usefully Employed

Usefully Employed — Thu, 22 Jul 2010 00:26:03 +0000

Yes – but usually via a claim of their own that then draws media attention. Try to resolve your own situation before crusading for other people!

By: ruth

ruth — Thu, 22 Jul 2010 00:22:54 +0000

Is it possible for an employee to ever successfully expose instituational bullying in an organisation??

Comments on: Constructive dismissal lite? Substantial detriment in TUPE.

By: Sandy

By: Anonymous

By: Steve

By: Usefully Employed

By: ruth