redundancy/transfer

castle96

redundancy/end of 30 days consultation, payment of redundancy monies is 3/6. Been there 4 yrs. Our Company (Wincanton), has offered a transfer to another site 30 miles away. Slightly better wages.

13 week probationary period... but DO I get 4 weeks to change my mind and still take redundancy/payment. ? They seem 'unsure'. Cannot get hold of any HR people, nor find anything in writing

Emmzi

Is it the same job, or 80% the same, or a different job?

If it is the same job just in a different place then no, there is no 4 week trial period.

If it is a different job write to your employer keepng a copy saying you accept their offer of a 4 week trial to make it clear that is what you believe it to be.

However I am confused about this 13 week probationary period, as you have already passed probation, yes? And you would not be getting redundancy and rehired. So I think that is a red herring and in reality if you did not perform they would need to follow the procedure for exiiting employees.

castle96

mmmm, thanks

99% same job. Same Employer/different site. Think we would be signing a new contract ?

LittleVoice

castle96 wrote: »

mmmm, thanks

99% same job. Same Employer/different site. Think we would be signing a new contract ?

Did you sign a contract for your current job?

If you accepted the move to the new site, it could be considered simply a change to your current contract - new location, possibly new job title and job description, and definitely a change to salary.

Do you normally sign a new contract for a salary increase?

I see no reason to sign a new contract, just the requirement for the employer to provide written details of the changes to your existing contract.

castle96

thanks for that

getmore4less

It can't be the same job it is in a different place so a trial should be available to check if the alternative is suitable or not.

direct.gov agrees

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



Probation period does not make sense since you carry over service they would have to make you redundant or terminate on performance

I would query that and get it removed from any new contract.

Emmzi

I'd say directgov is vague in its definition of an alternative job. To me it's same job, different place, not alternative job.

And we don't know if OP has a mobility clause.

Not to be picky, I'm just not reading it as that clear cut.

LittleVoice

getmore4less wrote: »

It can't be the same job it is in a different place .

So a filing clerk for Company A working in Exeter is not doing the same "job" (as defined by tasks in a job descriptiion) as a filing clerk in Plymouth who is also working for Company A with the same job description?

If it is 90% the same job and the 10% (and possibly change of location) results in a pay increase, it seems very close to the same job to me and possibly a step up the career ladder.

That doesn't mean it automatically has to be accepted as an alternative for the OP though.

getmore4less

Location is part of the job, so it is a different job.

All the mobility clause does is remove location(in many circumstances but not all) from the criteria that could make it unsuitable.

SarEl

I think that there are a whole load of angels dancing on a pinhead

You are all right. And wrong. The actual requirement in law is a "suitable alternative position" - which has utterly nothing to do with "jobs". It could be an entirely different job altogether, and also a suitable alternative position. The actual issue is indeed the fact that it is in another loaction, and provided there is no mobility clause, then a trial may apply. The problem is that 30 miles is right in the grey area for the whole reasonable / unreasonable refusal thing. Since this is not laid down specifically in law, it is open to interpretation, and broadly speaking, tribunals are currently being much more leneient towards employers on travel sistances provided there are no huge factors making it impossible.

As jobs stand right now, you could get made redundant and have no choice but to accept a job 30 or more miles away - we have seen people on this site looking 50 - 70 miles away with no luck! I know that some years ago the Jobcentre used to consdier 25 miles a reaosnable "travel to work" distance.

But the esentail question is what the employer is willing to do. Because the OP says that the employer is unsure about the 4 week trial. And the fact is that they can give it whether the law says they must or not. Any employer has the right to go beyond the law.