Daughter being made redundant

chubb3g114

Hi
After some advice please, my daughter has been happily employed for the past 4 years and has now been told that the company are relocating to a town approx 36 miles away. They have told her that they want her to move with them but she is not interested in moving house or the one and a half to two hour commute. They have also told her that redundancy is not an option as in there terms and conditions they have to move if the company relocate, this seems a bit unfair to me, I know they can put what they like in the terms and conditions but only if it's fair.
Does this seem fair to you?

chubb3g114

InsideInsurance

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

Does she have a mobility clause or not?

If she doesnt it comes down to a reasonability consideration for which there are no set legal rules as it depends on other factors such as availability of public transport etc.

If she does have a mobility clause then there is little she can do as she agreed to it

36 miles being a 2 hour commute sounds a little unusual.

denla

Is there a mobility clause in the contract? If yes there's nothing that can be done.

If not, then you can claim redundancy pay providing your travel time and cost has increased beyond beyond reasonable. Has employer offered to reinburse travel expenses or other incentive?

denla

InsideInsurance wrote: »

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

Does she have a mobility clause or not?

If she doesnt it comes down to a reasonability consideration for which there are no set legal rules as it depends on other factors such as availability of public transport etc.

If she does have a mobility clause then there is little she can do as she agreed to it

36 miles being a 2 hour commute sounds a little unusual.

Sounds like she'll be taking the train.

sammyjammy

As you've stated your daughter is not interested in moving or doing the commute (one and a half to two hours - really? For 36 miles?) then you've kind of answered your own question. No she won't be entitled to redundancy, the company is moving a relatively short distance away and she is being offered a job there.

Has she looked at all the travelling options, train etc? I don't know what industry she is in but the employment market is really tough at the moment and she would be likely considered as leaving voluntarily by the Jobcentre if she were to make a claim.

maninthestreet

So where is the business currently located, and where is it relocating to?

dizzyrascal

36 miles can easily be a two hour commute.
If I were to travel to the next big city (in the north of England) from my home it would be a 25 minute bus journey to the station,a 5 minute walk to the station (none of the buses near me go direct), a 50 minute train ride to the city on the fastest possible train but most would take much longer. Followed by a further bus ride to the new office (assuming it was not based near a station). Either way there would be some time spent on walking/public transport.
This could all have serious financial issues on the cost of transport and even increased childminding fees if she has children.
If you live above the Watford Gap divide then you tend to work for a lot less money and live near to work for the quality of life.
4 hours travel/commute per day would be out of the question for me. It's not what I want in life so I would pursue other opportunities but it might also be impossible if the daughter is on the minimum wage/has other responsibilities or school age children.

Uncertain

sammyjammy wrote: »

As you've stated your daughter is not interested in moving or doing the commute (one and a half to two hours - really? For 36 miles?) then you've kind of answered your own question. No she won't be entitled to redundancy, the company is moving a relatively short distance away and she is being offered a job there.

Has she looked at all the travelling options, train etc? I don't know what industry she is in but the employment market is really tough at the moment and she would be likely considered as leaving voluntarily by the Jobcentre if she were to make a claim.

No, it is nothing like as clear cut as you suggest.

It all comes down to what is reasonable. 36 miles - maybe / maybe not. 1.5 to 2 hours - most likely not.

However, regardless of this, statutory redundancy for four years is not a great deal. Obviously if she is not willing to move / travel then she may as well get the money if she can but it is not going to be enough to retire on!

Mojisola

Uncertain wrote: »

It all comes down to what is reasonable. 36 miles - maybe / maybe not. 1.5 to 2 hours - most likely not.

One of the conditions when you sign on for JSA is that you will accept any job that you can get to within 90 minutes travel by public transport.

Uncertain

Mojisola wrote: »

One of the conditions when you sign on for JSA is that you will accept any job that you can get to within 90 minutes travel by public transport.

That may be so but there is no hard and fast number to define what is reasonable in a redundancy dispute.

denla

Mojisola wrote: »

One of the conditions when you sign on for JSA is that you will accept any job that you can get to within 90 minutes travel by public transport.

That's reasonable on condition you can get home by public transport. If it's shift work and you can only leave at 10pm or after, how do you expect to get home?