Relocation and Redundancy

pro_bono

I hope some one can help, our company is merging with another and relocating (from the suburbs back into town) and have asked me to join them. Do I have to go? If I don't, is this by choice voluntary redundancy? I have looked through previous threads for a similar situation without any luck.

Thanks

jazzyman01

It does depend on whether you have a mobility clause in your employment contract which requires you to move if necessary.
If you do not have a clause then you will have to show that the move would be detrimental to you, ie further away, takes xx hours to travel etc.
You can then ask for redundancy. It is not really voluntary redundancy as the company moving has caused this issue. Voluntary redundancy can impact on your claim for unemployment etc.

pro_bono

JAZZYMAN01,
Thanks for that. Having looked at the only contract I have there is a clause headed Location but refers to 'based at other offices from time to time' which suggests to me seems to be a muddying of the waters. What do you think?

Andy_L

http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10028541

Assuing you don't have a mobility clause, which seems likely then:

"... the most important question is whether you've ' unreasonably' refused an offer of suitable alternative work.There is no fixed distance which is 'reasonable'- it depends on your particular circumstances. If the new location is just a few miles away and you can drive or easily take public transport, it will probably be unreasonable to turn down the offer. If, however, it involves a difficult journey, even if it's only a few miles away, or affects personal matters like your family situation or children's education, it may be reasonable to say no."

jazzyman01

Based at other offices from time to time does not suggest a mobility clause as what you are suggesting is that this will be permanent.

Regarding Andy L comment - agree in part however, there was a case where a person objected to moving only a short distance from her original working place because it enabled her to return home to walk her dog. The proposed new office was too far away to allow her to do that - albeit quite close - and she was able to claim redundancy.

pro_bono

jazzyman01,
Its what I want to hear..... but I will ring Acas tomorrow to get their view on things. I appriciate the replys to my query, and will post again when I have some thing to report.
Thanks again for your views.

Andy_L

A lot depends on what you want, do you want the redundancy money or to keep the job, if you stay you may be able to negotiate extra money/less hours to make up for the extra travel

pro_bono

Andy L,
Yes I agree, I have been offered fares with no increase on current salary. As I referred to in my initial post, we are now moving from the suburbs back into the metrolops, and at the time I took a fair old pay cut when I joined the company to move out of London to be closer to home.

At that point, I thought I had had my fill of commuting. Now I have had to factor in the current climate in my deliberations. What to do eh?

bendix

pro_bono wrote: »

Andy L,
Yes I agree, I have been offered fares with no increase on current salary. As I referred to in my initial post, we are now moving from the suburbs back into the metrolops, and at the time I took a fair old pay cut when I joined the company to move out of London to be closer to home.

At that point, I thought I had had my fill of commuting. Now I have had to factor in the current climate in my deliberations. What to do eh?

Well, it's always a good idea to give up a job in a recession isn't it. Particularly over an important issue like the need to commute to work.

I think you should quit. Unemployment is a much more attactive option than a job right now.

pro_bono

Bendix,
Thanks for the other side of the coin.