Moving office- compensation?

scheming_gypsy

vb1986 wrote: »

Your contract states that your workplace is x. I assume it does not say that they can move you to another site. Therefore this would be a redundancy situation, because the job at your current site no longer exists. Instead, they are offering you an alternative role, which is exactly the same job but at a different site.

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the contract would have to specify that the workplace is x and also not have any clause in there that would say they can be expected to work at any other site etc.

So it would depend what the contract says regarding their place of work and what's expected of them

claire16c

one of my friends workplaces moved from central london to north london and they gave all the employees a £1k payrise. She left anyway, but its worth asking your employers if they will be able to help you I guess. Dont ask dont get.

Jarndyce

vb1986 wrote: »

Hello,

Although I work in HR, I am not an employment law expert .


In short: NO, they cant just say that, and you dont have to put up with the change!


If you do decline the alternative role (i.e. your current job but at the new site) you would be entitled to redundancy pay.

Sorry. That is simply not correct.

Without going into a lot of technical legal detail about implied contract terms of business efficacy, the upshot is that cases over the years have determined that it is down to the facts of the case and what is reasonable, or put another way - what would the parties have agreed to if they had discussed it? For example, if someone travels a lot with work anyway, it is reasonable to move their base a bit further. If they are very much office based, then the reasonableness test becomes more acute and caselaw suggests that when you get to about an hour further then that could be breach of contract.

The facts given here suggest that is not the case, and that the proposed change is reaosnable in the circumstances, and there is no entitlement to claim constructive dismissal or redundancy. The OP's best bet is to try and negotiate help with fares and/or working hours as any union worth their salt would automatically do in these circumstances.

magenta22

Unless it means that you have to relocate then I doubt that they would give an relocation costs. Unfortunately the employer only looks out for the employer and the employees are just numbers who mean nothing to them.

I know someone who's office is relocating, it will mean for them that they have a longer journey time and the additional costs to get to work. They get no extra to compensate for this and have had no pay rise again this year.

dmliverpool

vb1986 wrote: »

Hello,

Although I work in HR, I am not an employment law expert so I recommend you get some professionaladvice. However, from what I know...

In short: NO, they cant just say that, and you dont have to put up with the change!

The long explanation:

Your contract states that your workplace is x. I assume it does not say that they can move you to another site. Therefore this would be a redundancy situation, because the job at your current site no longer exists. Instead, they are offering you an alternative role, which is exactly the same job but at a different site.

Your employer will need to consult with you; the length of the consultation will depend on the number of employees who are being moved to the other site. You have to agree to the change- if you dont agree, the change is a unilateral change enforced by the employer, and you could resign and claim breach of contract, as well as potentially constructive dismissal.

When the employer consults with you, you could decline the job on the basis that the new job is not suitable alternative employment due to the distance/travelling costs, or you could choose to just accept it. You could ask if the employer would offer some kind of assistance e.g. helping with travel costs, or some employers put on a temporary bus service from the old site to the new site, to help employees adjust to the change.

If you do decline the alternative role (i.e. your current job but at the new site) you would be entitled to redundancy pay.

I hope you challenge them on this!

True original contract will have to be renewed, at that point the employer will more than likely say take it or leave it depending on the length of service. I would try and get the extra mileage cost rounded to a figure and ask them for it in your salary, isn't that normal practice if they respect your service?

magenta22

Employers don't concern themselves about how much it costs you to get to work, that as far as they are concerned is your problem. You can try if they change the contract to get a bit more added for the extra but don't hold out for it.