Is this a redundancy situation?

phill99

How can it be a redundancy? It is the position that becomes redundant, not the person. So just because you don't want to travel, and have child care issues, you can't ask for redundancy.

michelle1506

Thanks to all those who gave polite, helpful replies...

garybarlowforpresident

Could you work two long days rather than three short? More inconvenience for those two days, but less costly and less disruptive overall?

michelle1506

garybarlowforpresident wrote: »

Could you work two long days rather than three short? More inconvenience for those two days, but less costly and less disruptive overall?

Thanks for the constructive reply..

Alas no this is not an option either as there is no way my child minder could take my children for a 12 hour day. It will take me about 2 hours to get work and 2 hours to get back home, which means I am only working 16 hours a week!

To be honest, my post has been a risk for since May and I am still waiting to hear what the result is going to be! I have decided that if I am not given redundancy, then I will just have to pack the job in, as I can't afford the extra train travel, and the added strain of everything else (child related) on top!

I already work for a highly demanding boss who frank I don't care much for, without all this other rubbish on top!

It's just not worth the trouble anymore..

Raksha

Could it be 'constructive dismissal'?

getmore4less

I think it is a redundancy situation

Any change of location is a potential redundacy .

Discuss this with the employer and if they seem resistant to a redundacy I would go down the not a suitable alternative route and see what they say think.

Remember it is likely to be cheaper to pay you off and plan a replacement if needed than spend time discussing this with the risk of an ET.

What notice if you resign? 10 weeks pay if they let you go + any redundancy if you can get them to pay out.


mobility clauses still need to be reasonable and for your situation, short hours, child care this extra distance/time is not reasonable on time/cost.


If just your department any other jobs going at the current/near location or anyone that might want a job central you could swap with.

phill99

getmore4less wrote: »

I think it is a redundancy situation

Any change of location is a potential redundacy .

Discuss this with the employer and if they seem resistant to a redundacy I would go down the not a suitable alternative route and see what they say think.

Remember it is likely to be cheaper to pay you off and plan a replacement if needed than spend time discussing this with the risk of an ET.

What notice if you resign? 10 weeks pay if they let you go + any redundancy if you can get them to pay out.


mobility clauses still need to be reasonable and for your situation, short hours, child care this extra distance/time is not reasonable on time/cost.


If just your department any other jobs going at the current/near location or anyone that might want a job central you could swap with.

Rubbish.

Redundancy is based on the position and not the person. You can't just go demanding redundancy because you no longer agree to the terms and conditions that you signed up to when you took the job.

Pricivius

phill99 wrote: »

Rubbish.

Redundancy is based on the position and not the person. You can't just go demanding redundancy because you no longer agree to the terms and conditions that you signed up to when you took the job.

Rubbish? Redundancy has several definitions - one of which is a loss or reduction of work in a particular place. If a company shuts an office and moves staff to another office, they no longer require work to be done in the original office and this could therefore be a redundancy situation.

The OP needs to speak with her employer. They will be arguing that this is a reasonable move and therefore not a redundancy. She must argue that a 2 hour commute instead of her previous X hour commute is unreasonable. There are no guidelines as to what is reasonable - hours or miles - as this will differ for different people. A recent case found that a six mile change was unreasonable as the commute was so much more difficult. If I was the OP, I would do the route on a practice day to see how long it takes. You can then take this to the employer (presuming it's long long long) and it will demonstrate that you have shown willing and tried it out. You may surprise yourself and find it's better than you thought or it may confirm your worst fears.

As for fleixble working requests, whilst you are not entitled to another one until after 12 months, it doesn't mean the company can't consider one. If it means keeping you, they may well be prepared to. Take everything you have and all the possible options to your employer and be as flexible and reasonable as you can be - if there is no solution, it won't be for lack of trying and you cannot be accused of not trying to solve this.

michelle1506

getmore4less wrote: »

I think it is a redundancy situation

Any change of location is a potential redundacy .

Discuss this with the employer and if they seem resistant to a redundacy I would go down the not a suitable alternative route and see what they say think.

Remember it is likely to be cheaper to pay you off and plan a replacement if needed than spend time discussing this with the risk of an ET.

What notice if you resign? 10 weeks pay if they let you go + any redundancy if you can get them to pay out.


mobility clauses still need to be reasonable and for your situation, short hours, child care this extra distance/time is not reasonable on time/cost.


If just your department any other jobs going at the current/near location or anyone that might want a job central you could swap with.

Thanks for your reply which makes perfect sense. I would also have thought it was unreasonable mobility clause or no!

Am not sure what the notice period is to be honest? I know with redundancy it's three months notice, but I don't know about resignation notice..

michelle1506

Pricivius wrote: »

Rubbish? Redundancy has several definitions - one of which is a loss or reduction of work in a particular place. If a company shuts an office and moves staff to another office, they no longer require work to be done in the original office and this could therefore be a redundancy situation.

The OP needs to speak with her employer. They will be arguing that this is a reasonable move and therefore not a redundancy. She must argue that a 2 hour commute instead of her previous X hour commute is unreasonable. There are no guidelines as to what is reasonable - hours or miles - as this will differ for different people. A recent case found that a six mile change was unreasonable as the commute was so much more difficult. If I was the OP, I would do the route on a practice day to see how long it takes. You can then take this to the employer (presuming it's long long long) and it will demonstrate that you have shown willing and tried it out. You may surprise yourself and find it's better than you thought or it may confirm your worst fears.

As for fleixble working requests, whilst you are not entitled to another one until after 12 months, it doesn't mean the company can't consider one. If it means keeping you, they may well be prepared to. Take everything you have and all the possible options to your employer and be as flexible and reasonable as you can be - if there is no solution, it won't be for lack of trying and you cannot be accused of not trying to solve this.

Thanks for the advice, I will act on it should I need to...