Company taken over and new owners want to transfer me to another depot when there is work for me here: can they do that?
I work for a haulage company which has been taken over and they want to send the Class 2 HGV drivers to another depot 10 miles away. Class 1 drivers are staying where they were. I drive Class 2 HGV for them but was hired as a Class 1 driver. They always use agency drivers so there is work at my current depot. Can they transfer me if there is work for me here
The takeover will have to comply with the Transfer of Undertaking (TUPE) Regulations which mean that all of your contractual terms and conditions should remain exactly as they were with your former employer.
Unless your existing contract required you to be flexible and to work from other depot's from time to time, then your new employer may be acting unreasonably.
However, this is a question of degrees. You should first ascertain from your immediate manager/supervisor, why this is necessary in your case. If this does not resolve matters you will need to write a letter of grievance to the new employer and also ask them to provide you with the reason they are taking this action.
If this was a case of redundancy and you were being offered suitable alternative employment, your employer's action would be understandable but this does not seem to be the case. You need more information and, in any event, with changes such as this your employer is under a duty to consult with you.
Come back to me if you need further assistance.
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