Office closure & being made to move sites...my rights???

collette_2309

Hi,

My partners office is closing on the 4th of November 2011... reason for closure is due to there branch not making enough money.

He was orignally told he would be made redundant but now they have said they make them go work at another branch. This branch is 22 miles away and takes approx 35 mins to get there so adding another 1 hour to his working day.

They also work different shifts to where he is now - they do 4 on 4 off 12 hour shift at the min he works 6 - 2.30 one week and 11.30 to 8.30 the other week these are the shifts I have worked my shifts around to make childcare easier and cheaper (ie he picks the kids up from school one week etc)

my question is what are his rights?? can he ask for redundancy? He has been there 9.5 years.

If not and does he have to work the shifts they work or can he demand to work the same shifts as childcare will go through the roof if he does there shifts...

Also they earn more money doing the same job at the other branch will they have to match there wage??

Thanks in advance.

Peelerfart

Hi Collette,

A lot of questions and I don't know the answer to them all I'm afraid. First of all how many people are affected and is he/they trade union members?

As far as the travel is concerned I don't think it would be deemed unreasonable.
Is redundancy something that you two would want?

Jarndyce

collette_2309 wrote: »

Hi,

My partners office is closing on the 4th of November 2011... reason for closure is due to there branch not making enough money.

He was orignally told he would be made redundant but now they have said they make them go work at another branch. This branch is 22 miles away and takes approx 35 mins to get there so adding another 1 hour to his working day.

They also work different shifts to where he is now - they do 4 on 4 off 12 hour shift at the min he works 6 - 2.30 one week and 11.30 to 8.30 the other week these are the shifts I have worked my shifts around to make childcare easier and cheaper (ie he picks the kids up from school one week etc)

my question is what are his rights?? can he ask for redundancy? He has been there 9.5 years.

If not and does he have to work the shifts they work or can he demand to work the same shifts as childcare will go through the roof if he does there shifts...

Also they earn more money doing the same job at the other branch will they have to match there wage??

Thanks in advance.

The employer has a responsibility to seek alternatives to redundancy and have put forward a proposal for suitable alternative employment. If your OH does not accept the offer, he will be deemed to have resigned and will not be entitled to a redundancy payment.

Question is whether the offer is in fact suitable. As far as the distance and travelling time is concerned, then that in itself would not render the offer unsuitable in my view - an extra 35 minutes travelling time each way would not be seen as unreasonable as an alternative to losing a job.

The new shift pattern however is clearly a fundamental change to his contract. However to refuse the post for this reason is risky and a Tribunal for example may not agree that this change was so fundamental that it endered the post unsuitable.

Taken together the two changes - coupled with the increase in childcare costs and practical difficulties caused - may render the post unsuitable, but it is a risk too far in my view to refuse it and have to claim a redundancy payment at a tribunal, which is what he would have to do.

So no, he has no right to be made redundant. He does have the right to a four week trial period in the new role, after which the arguments might become more focussed.

Is he in a union? If they genuinely are earning more for the 'same job' at the new location, that would be a strong argument for a pay rise which might help with childcare costs. Or he could use the above arguments to negotiate around any other role or a longer transition to the new shift pattern, if that was feasible?

The only alternative I'm afraid is to look for another job - I would not take the risk to refuse this role as I'm not convicned it would be seen as an unsuitable role by a Tribunal.

SarEl

I would have to agree with Jarndyce - if the employer refuses to pay redundancy on the basis that they have offered a suitable alternative role, I would not wish to bet on which way a tribunal would go on this. I would have to add that it shouldn't be the case, it isn't right, but many tribunals are still made up of men - men who actually don't get that men have childcare responsibilties. Although you would never be able to prove it, I think there is a real risk that any claim from a man who has a partner (i.e. is not solely responsible for childcare) is unlikely to fly an argument about childcare responsibilities rendering a role unsuitable. I cannot say that this is going to be the case in all tribunals - but most of themn are made up of middle-aged and older men who, shall we say, may not be very "modern" in their outlook. Unfortunately sexist attitudes prevail in every walk of life, including the courts, and simply because tribunals deal with discrimination cases does not mean that they are unaffected by prevailing social attitudes.

Rupinder_Khurana

Hi

I think the issue needs serious discussion as it involves a balance between job as well as childcare.

As long as the employer is giving you alternative, though it will mean adding up an extra hour to you work, but its better than being rather without a job. You may consult an Employment Lawyer, who would be in a better position to guide you with your idle situation keeping in mind that you also need time for childcare.

Regards

getmore4less

Try to negotiate.

You could put a case to the employer that you think that the job is an unsuitable alternative for the reasons outlined but would still like to try to come to a compromise, some flexability on hours and some extra pay (which would bring you in line with the others) will help with the potential childcare and travel costs.

They might not budge but worth a try.

Just don't resign or actualy refuse the job.

If by closing your place and moving will the other place become overstaffed and redundancies be a potential in a few weeks/ months.

It could be a bluff to get you to leave without redundancy or they have someone they need to get rid off at the other place so need to get overstaffed first.

Any others involved are they all moving or are some getting redundancy