No mobility clause, but required to move to another place of work?

liney

A friend, who has never had written T&C's so therefore I understand is bound by statutory employment regulations, has been told she must move to another site to work.

The site is around one and half hours away, and will mean a significant rise in travel time, and transportation costs.

She would rather the company made her redundant, but they say she will be 'sacking herself' if she doesn't arrive at the new place of work on Xdate and say that redundancy isn't an option. She has this in writing.

It is my view that without a mobility clause, and due to the fact she has worked at the same site for at least 2 years and for the company for much longer, she is within her rights to claim redundancy? If they refuse again, unfair dismissal? Views please?

Judith_W

I agree but have not basis, I suggest she calls ACAS

MacMickster

It sounds as if this is a reasonable sized company with multiple sites, so probably recognises an appropriate trade union. If your friend is a member then her union should be her first port of call. If she is not a member then I suggest that she becomes one NOW.

liney

Good point: I never thought to ask about a union.

SarEl

liney wrote: »

A friend, who has never had written T&C's so therefore I understand is bound by statutory employment regulations, has been told she must move to another site to work.

The site is around one and half hours away, and will mean a significant rise in travel time, and transportation costs.

She would rather the company made her redundant, but they say she will be 'sacking herself' if she doesn't arrive at the new place of work on Xdate and say that redundancy isn't an option. She has this in writing.

It is my view that without a mobility clause, and due to the fact she has worked at the same site for at least 2 years and for the company for much longer, she is within her rights to claim redundancy? If they refuse again, unfair dismissal? Views please?

Broadly I would agree with you but this is a bit spartan on details, and the devil is always in the detail. For example - she has worked on this site for two years but for the company for longer, so has she been relocated before? Are terms and conditions available somewhere (like on an intranet)? Is this a normal working practice? And has she asked for her terms and conditions?

liney

SarEl wrote: »

Broadly I would agree with you but this is a bit spartan on details, and the devil is always in the detail. For example - she has worked on this site for two years but for the company for longer, so has she been relocated before? Are terms and conditions available somewhere (like on an intranet)? Is this a normal working practice? And has she asked for her terms and conditions?

I have suggested that she respond to the letter requesting a copy of her T's and C's and any Employee Handbook, and to make it clear she is still unhappy and will be taking legal advice.

Conditions seem to be well hidden by the company who keep repeating that they are being 'reasonable' and she should be 'reasonable', and that as there is no other work available she must accept regardless of the location.

She has worked for the company for about 10 years I think, but the other sites she has worked on have always been within the immediate vacinity and certainly less than an hour away, so there has never been any cause for her to refuse to move on.

SarEl

liney wrote: »

I have suggested that she respond to the letter requesting a copy of her T's and C's and any Employee Handbook, and to make it clear she is still unhappy and will be taking legal advice.

Conditions seem to be well hidden by the company who keep repeating that they are being 'reasonable' and she should be 'reasonable', and that as there is no other work available she must accept regardless of the location.

She has worked for the company for about 10 years I think, but the other sites she has worked on have always been within the immediate vacinity and certainly less than an hour away, so there has never been any cause for her to refuse to move on.

Yes I think this is the best first step. Because there is a risk here that by accepting moving on in the past the term has entered her conditions of employment - I would have to say that I would want to have a lot more detail before being able to suggest an informed approach. The best I could do right now and say that I do broadly agree that it may be unreasonable, but that equally it is in some murky grey areas on a number of grounds, so details matter.

an9i77

op please can you tell us why she has been asked to move to the other site in the first place?

david39

I worked for a large company. The administrative staff were not members of a union.

The company had many working locations, many within a few miles of each other.

The time came when they were forced to close some of these locations and where this was done, and when there were no vacancies at other locations within a set distance, then staff were given the option of moving to further sites or taking redundancy.

It was an international company and I'm sure that, although they would have stuck to the last letter of the law, they would not have paid out redundancy money if it was not necessary.

I'm sure that if your friend takes legal advice on this they will find that there is a recognised limit to either the distance or travelling time that a worker can be permanently moved to without it triggering forced redundancy. They can get this advice for free from a solicitor who operates the initial free consultation scheme or, if they have one they have used for something else, the advice may just be a phone call away.

maninthestreet

Op - you say the other site is 'around one and half hours away', but exactly how far is it in miles?

Hammyman

maninthestreet wrote: »

Op - you say the other site is 'around one and half hours away', but exactly how far is it in miles?

Indeed. Where I live, I can do a 30 mile commute in 40 minutes. Where my brother used to live, it took him nearly 2hrs to do a 30 mile commute.