office closing and kept in the dark

chrikoff

Hi all,

my company is closing the office where i work later this year (september), we were informed of this last November. since then all the employees at the office have been told their fate, either they will be expected to do a different role from home or they will be made redundant, redundancy terms have been offered and a bonus payment also offered to those who stay til the office closes.

except me.. my management reporting line is slightly different and my management cant/wont tell me what my position is.. all i know is that i wont be sitting in my current office come this october.

there is an inferenece that i may be exected to work from a different office (2 hours each way travel and a £4k pa travel cost) but i have no idea what my job would be in the alternative office as my role is very much dependant on the current location.

does anyone have any knowledge or experience of this kind of situation? is there any time scale by which they should inform me of my fate? there is a 'mobility clause' in my contract but can they just tell me to work from a different office?

thanks all

getmore4less

How many people?
Do you have reps that are being engaged in consultation?
Have you been informed that you ca have someone with you in any meetings.

They can't tell people they are working from home, if they close the office everyone is at risk of redundancy.

Consultation should identify any alternative positions, other offices, working from home, and all people that fit the criteria for the roles should enter selection process if the job is a suitable alternative.


Even with a mobility clause they can't force a move if it is unreasonable and should offer redundancy as an option.


Note: if you can't agree if an alternative job or new location are suitable/reasonable then it might have to go to a tribunal.

Lady007

I think the mobility clause means that you may have to go. Depends what it says and how well it is written. This clause also has a big impact on whether the alternative post at the other office can be deemed as a suitable alternative offer.

If you are bound by the clause, but turn down the offer, you may be deemed as making yourself jobless therefore not entitled to the redundancy payment. Read the clause again and seek the necessary clarification.

chrikoff

thanks for the replies..

there is a consultation process but my rep is in another office and not really au-fait with the situation in my office..
i have had no formal individual notice so have not had the oppertunity to have a representative with me nor been offered that. i have just been told the office is closing via group meetings. i have had individual 'chats' with my boss and hr (on my request) but they cant tell me anything apart from 'you will be told in due course'.

the mobility clause is fairly vague in that it says something like 'your initial location is xxx, but you may be required to work from other offices'.. is there a concept of 'reasonableness' in this.. ie it may be acceptable to say as from monday report to the office in the next town, but how about if they said as from monday report to the timbuktoo office, and where would that 'reasonableness' line be drawn..

to be honest i just want to know what they are proposing, if they insist i transfer to the other office with no compensation or redundancy offer i need to start looking for another job now as i cant afford the time and expense of the commute..

getmore4less

If your rep can't represent you ask for another one or become one.

There are implied reasonable terms with mobility clauses.

They are not set in stone so need to be considered on an individual basis.

If you google you will find some articles and cases that give an idea of what has been acceptable or not.

eg. from
http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10028079
Flexibility clauses

Your employment contract may include 'flexibility clauses'. These give your employer the right to change certain conditions (for example, shift patterns) or there may be a 'mobility clause', allowing changes to your job location.
A flexibility clause that is vaguely worded - for example, 'the employer reserves the right to change terms from time to time' - cannot be used to bring in completely unreasonable changes. This is because there's an 'implied term of mutual trust and confidence' in all contracts that requires the employer not to act completely unreasonably

The fact that you have been singled out with no info is already unreasonable

Lady007

If they do ask you to move to timbuktoo that clearly would not be reasonable - if there are no other vacancies then unfortunately the only other option would be redundancy. But, saying that timbuktoo might be reasonable for them but not for you. That is a point you can challenge them on if need be.

Prepare for your individual consultation. Put your questions to your employer in writing so that you have a clear audit trail of your concerns and any response if required.

dickydonkin

I think the mobility clause means that you may have to go.

The OP has stated that there is a mobility clause in the 'contract of employment'.

That contract of employment is now in the process of being potentially terminated by reason of dismissal by redundancy - although that would need to be confirmed. It seems apparent though that the OP's role will no longer exist in its current guise.

The OP could potentially be in redundancy situation and based on what has been posted, the new location seems unsuitable and unreasonable, although I wonder if that there is no termination of contract and the employer implements the mobility clause, I would expect such a clause would require the employer to pay travel expenses.

There is little flesh on the bones of the post and there seems to be a lot of speculation. Once firm proposals have been made, maybe the OP could post more information.