My Company requires me to move, how do I stand?

geronimo1

I have been employed at a company for over 15 years. During my career here I have been very loyal and hard working always doing overtime each week.

I have stayed with the company for 15 years because one of the biggest attractions has been is locality to where I live which is only a bike ride away. In the last few years it has also allowed me to provide some care to my dad during my lunch hour.

My company has announced that it is closing its current site and wants me to move to its new one. The problem is, is that the new site is a minimum 45 minute drive on a good day and anything from and hour plus on a bad day due to frequent motorway congestion.

My contract doesn't specifically mention anything about relocation however the company handbook which forms part of the contract states 'You are required to work at such place or places of business as are set out in your offer letter. From time to time you may be required to work at alternative company locations for the undertaking of your duties.

For the purpose of performing your duties you shall, at the expense of the company, undertake such journeys in the United Kingdom and elsewhere as the company may reasonably require.'

The company has offered me a company car which I will pay tax on and they will pay for the first 12 months fuel to commute to this new place of work at a rate of 13p per mile. I am sure that the company may not have to offer me anything but how do I stand legally, can they force me to move? Is it reasonable of a company to ask for this commitment from an employee especially as I will be losing out on personal time due to travelling?

My other concern is that once the 12 months is up I will be not only paying the tax but also paying the fuel for a 400 mile round work trip each week and be a minimum of 2 hours worse off from my own personal time each day, all amounting to approximately £2750 worse off than present.

I would be very much obliged if anyone could help.....

F_T_Buyer

Your employer can't force you to move, but they can make your redundant. The offer to help for the first year seems good, and I suppose you could search for a better [located] job in that year. You could ask if you could do different hours to avoid rush hour?

You need to weigh up what's best for you, you could ask to be made redundant - getting redundancy pay - and argue it's too far to commute.

bigsooze

As an employee, you are responsible for how you get to work. As they have a flexibility clause in your contract, they're seeking to exercise that but there are no hard and fast rules on how far you can be asked to travel - it all comes down to the old chestnut of what is reasonable. Which is, of course, open to debate. In my opinion, a 45 minute drive to work (even an hour or so) is not unreasonable in itself.

What they are seemingly doing to trying to mitigate your losses + the inconvenience by offering you a car and petrol costs. I have to say I think that is hugely generous and not something they are required to do.

There is an argument that your current role is redundant if the requirement for you to do that work in that location has diminished. In which case they would need to consult formally with you, as well as consider suitable alternatives to avoid the need for you to leave, and it sounds on the surface as if they may have a potentially suitable role on the table for you. The financial impact of a company car plus fuel for a year is pretty significant, and if you did choose to leave you probably won't find a job offering that and unless you are fortunate enough to find another job you can cycle to, you're probably going to need to travel further (and incur more costs) anyway. I appreciate you'd pay additional tax but for me the savings on insurance, maintenance, MOT etc. are significant versus a private vehicle. If you're worried about driving at busy times would they allow you to work flexibly? Or from home one day a week?

hcb42

They appear to make a more than fair offer. even at the new place of employment that commute is nothing really. I would kill for it personally!

bristol_pilot

They can expect you to travel a reasonable distance to work. What is reasonable depends on circumstances but I think any tribunal etc would consider a 1 hour drive each way to be perfectly reasonable. The offer is perfectly fair and normal.

ceridwen

Personally - I zoomed in on the phrase "from time to time" - ie to me that implies that the company can OCCASIONALLY require you to work elsewhere. "From time to time" does not mean they can make you work elsewhere PERMANENTLY.

So - its up to you I guess. If you want to be made redundant then point out to them that "from time to time" means "occasionally"/"once in a while"/etc and NOT "permanently"/"all the time". If you don't want to be made redundant - then it looks as if you have to accept the move and look for another job locally.

From the fact that they intend to cover the costs for 12 months and 12 months only - then it looks as if they expect you to do exactly that - ie relocate and look for another job and they anticipate you will find another one within 12 months.

So - if you want redundancy - then check out with a solicitor how the phrase "from time to time" would likely be interpreted in a Court of Law/Employment Tribunal. That is - ask the solicitor if a Court/Tribunal would translate "from time to time" in the same way as the "ordinary person in the street" would = occasionally. Once you have that legal opinion on that - then decide whether you prefer to tell your employer that their own phrase has worked against them and you intend them to make you redundant or no.

biggaz26

''You are required to work at such place or places of business as are set out in your offer letter. From time to time you may be required to work at alternative company locations for the undertaking of your duties.

For the purpose of performing your duties you shall, at the expense of the company, undertake such journeys in the United Kingdom and elsewhere as the company may reasonably require."

I understand that they have offered it for one year but to me any working in a different place to normal should be 'at the expense of the company'

As for the extra time required to travel, doesnt hurt to let them know your concerns....Tell them you are seriously concidering the offer but these are your concerns is there anything they can do to help....might be worth a pay rise they might tell you nothing, they might tell you to do one and here is your redundancy....who knows...but you wont know until you ask.

G