Alternative work

doom

Hi, A quick question, hopefully someone can advise

If I have been made redundant and been given notice till the end of January, but there is no work at my usual place of work, can an employer make you work your notice period at another of their depots? The nearest one to me is about 20 miles away and I do not own a car.

Am I within my rights to refuse to go there as it is not suitable or practical?

Thanks

ceridwen

I'm now wondering if that means they dont actually want you to work out your notice period - so they dont have to pay you for it.....hmmm.....:think:

At a practical level - do you get paid full pay if off work sick? (I couldnt work out whether you were likely to or no - from your use of language on the one hand - but mention of working in a depot on the other hand). Just improved my knowledge of possibly useful phrases there - hmmm...might borrow that one from your signature of "I shall either find a way or make one"....

What to do now depends partly on the answer to that fact methinks...

I am also wondering what the Traveline website says about how long it would take you to get to work by public transport??? - as that may influence things too.

Andy_L

If your contract normally obliges you to work at other sites then yes

Debt_Free_Chick

What does your contract say about working at other locations? In law, I think that up to 25 miles is usually considered as "reasonable" i.e. anything more than 25 miles away is generally considered to be relocation, rather than "normal work" but at a different location.

ceridwen

The thing is that one cant necessarily count the number of miles away - certainly not with OP having to travel by public transport. As we know - public transport isnt likely to go straight from A to B with no stops on the way - it may go halfway round the county and stop everywhere possible before it turns up at destination and goodness knows how long that would take...

Of course - provided the sickpay situation is okay....then........

Debt_Free_Chick

ceridwen wrote: »

The thing is that one cant necessarily count the number of miles away - certainly not with OP having to travel by public transport. As we know - public transport isnt likely to go straight from A to B with no stops on the way - it may go halfway round the county and stop everywhere possible before it turns up at destination and goodness knows how long that would take...

I understand the lack of public transport point as I live in a rural area with an hourly bus service - provided I walk two miles to the bus stop. Nevertheless, there is some case law on what constitutes a "reasonable distance". Challenging that would need legal advice.

Of course - provided the sickpay situation is okay....then........

Then .... what exactly? Be dishonest and throw a sickie? And get your GP to collude with your dishonesty by issuing a sick note?

Or did you have another suggestion?

dickydonkin

doom wrote: »

Hi, A quick question, hopefully someone can advise

If I have been made redundant and been given notice till the end of January, but there is no work at my usual place of work, can an employer make you work your notice period at another of their depots? The nearest one to me is about 20 miles away and I do not own a car.

Am I within my rights to refuse to go there as it is not suitable or practical?

Thanks

If your position was made redundant at your depot, you company would be obliged to find you reasonable alternative employment within the business and that could likely be at another location.

If you believe that the alternative employment being 20 miles away is unreasonable or unsuitable, then It could be argued that would apply in a working of notice situation.

However, as pointed out by another poster, I suspect your contract stipulates that you will be expected to work at any of the company's sites doing work you are capable of.

doom

ceridwen wrote: »

I'm now wondering if that means they dont actually want you to work out your notice period - so they dont have to pay you for it.....hmmm.....:think:

At a practical level - do you get paid full pay if off work sick? (I couldnt work out whether you were likely to or no - from your use of language on the one hand - but mention of working in a depot on the other hand). Just improved my knowledge of possibly useful phrases there - hmmm...might borrow that one from your signature of "I shall either find a way or make one"....

What to do now depends partly on the answer to that fact methinks...

I am also wondering what the Traveline website says about how long it would take you to get to work by public transport??? - as that may influence things too.

Well, I have been sat at home for almost the past month on full pay, because of lack of work (along with 200 other people ). I believe the law states we have to be paid for our notice period, even if we don't work it due to the company having no work that needs doing (max 12 weeks)

I don't know the precise location of the nearest depot, but I do know a bus to the town would take about 1hr as it goes via a few other places first. I also need to be here to pick up daughter from school and if I was made to work at this other place there is no way I'd be back in time.

ceridwen

doom wrote: »

Well, I have been sat at home for almost the past month on full pay, because of lack of work (along with 200 other people ). I believe the law states we have to be paid for our notice period, even if we don't work it due to the company having no work that needs doing (max 12 weeks)

I don't know the precise location of the nearest depot, but I do know a bus to the town would take about 1hr as it goes via a few other places first. I also need to be here to pick up daughter from school and if I was made to work at this other place there is no way I'd be back in time.

Then right now it would be a good idea to find out that precise location of the depot and work out whats what re public transport to get to it. My other thought is that I am wondering how old your daughter is and how far she lives from her school - as in trying to figure out whether your daughter is very young (say 5/6) and/or physically couldnt get herself home (eg because its more than two miles say/not on a bus route and too far to walk). If she is very young and would have to walk herself home several miles down country lanes for instance if you couldnt pick her up - then you could possibly argue that your personal circumstances preclude leaving her to find her own way home. If, on the other hand, she is 10 and just likes to have a lift because she could walk (but doesnt want to) then 'twould be rather different.

doom

ceridwen wrote: »

Then right now it would be a good idea to find out that precise location of the depot and work out whats what re public transport to get to it. My other thought is that I am wondering how old your daughter is and how far she lives from her school - as in trying to figure out whether your daughter is very young (say 5/6) and/or physically couldnt get herself home (eg because its more than two miles say/not on a bus route and too far to walk). If she is very young and would have to walk herself home several miles down country lanes for instance if you couldnt pick her up - then you could possibly argue that your personal circumstances preclude leaving her to find her own way home. If, on the other hand, she is 10 and just likes to have a lift because she could walk (but doesnt want to) then 'twould be rather different.

Daughter couldn't find her own way home, she is only 7 and lives about 2 miles from the school. Her school is right next to where I currently work, so I used to just finish work, walk to the school and we would get the bus home. If I had to work at another depot I would not get back in time to collect her.