Job Relocation - when is it a redundancy issue?

renton75

my employer is looking to relocate my role from being less than 10 miles from where i live to over 50 miles away.

the journey would go from 35 mins each day to 2 hrs.

My costs could go up several £000s pa on car/fuel.

They have put a small unspecific mobility clause in my contract.

Does anyone know what my rights are re redundancy etc?

Thanks.

marybelle01

What does the "small unspecific mobility clause" say?????

an9i77

Depending on your mobility clause and your personal circumstances, you may be able to argue a case for redundancy.

renton75

"You will be based at xxx. However, the nature of the company’s business may necessitate that on occasions you will be required to spend time at other locations either by travelling or spending reasonable periods of time at such other locations.
Please note that your home location must be under 1 hour’s travelling time each way. If relocation is appropriate, you will be required to move within 30 miles or under 1 hour’s travelling time of your new work location. If this is the case, you may be entitled to relocation assistance in accordance with the company relocation policy.
During the course of your employment, you may also be required to relocate to another location. In the event of an established relocation, the company will discuss this with you in advance, giving appropriate notice, and the company may offer relocation assistance as appropriate.
You will be employed by the company. However, from time to time and depending on the needs of the business, you may be required to work for other associated companies."

this is the mobility clause - seems pretty standard one.

it is debatable if i will be within 1 hours drive from new location - 50 miles on motorway can be done in an hour but traffic at 8am etc will generally mean over an hour.

does this help to clarify?

Andy_L

Since they are offering a relocation package then, unless its totally inadequate, then your options are relocation or resignation. If you have good reasons for not relocating (eg Kids in school, spouse who would lose their job, care of an elderly parent etc) you could argue the case for redundancy instead or they may just offer that instead to avoid the hassle of relocating you.

How long have you worked for them?

renton75

been there seven years. there has been no actual offer yet - this is just a discussion.

I have 2 children in school, house etc. It would cost them more to relocate me than pay me off. Moving costs would be £20k (stamp duty, estate agents etc etc).

If I didn't relocate (I'm not going to), it doesn't seem reasonable to ask me to drive so far? 20,000 miles a year extra at say 40p per mile all in - £8k per year. I would be broke...

thanks for all replies so far

Scorpio33

Think HMRC state that any relocation package is subject to a maximum of £8k per year without tax implications.... so I would seriously question any relocation package they are offering.

redpete

renton75 wrote: »

If I didn't relocate (I'm not going to), it doesn't seem reasonable to ask me to drive so far? 20,000 miles a year extra at say 40p per mile all in - £8k per year. I would be broke

I'd say the costs would be nearer 20p a mile than 40p. I'd wait to see what compensation they might pay - last time my office was moved they paid (IIRC) 25p a mile for the additional mileage for 3years.

renton75

Scorpio - yes, if £8k is tax limit, then I will be massively out of pocket on either tax or expenses...

Redpete - it's 15p a mile just on fuel for the journey in a diesel. I drive a 7 year old car so am conservative on depreciation compared to 45p a mile HMRC allows, but it's £1k a year to insure, tax, service, tyres etc, let alone capital cost.

either way, on both of these points, I am massively financially disadvantaged even before losing 1 1/2 hours a day - at what point legally is it unreasonable to ask me to move and I can impose the redundancy point on them?

Again - thanks for all the responses - really helping

redpete

renton75 wrote: »

Redpete - it's 15p a mile just on fuel for the journey in a diesel. I drive a 7 year old car so am conservative on depreciation compared to 45p a mile HMRC allows, but it's £1k a year to insure, tax, service, tyres etc, let alone capital cost.

Capital cost, tax, and insurance would cost the same whether or not you do the extra miles. Depreciation on a 7 yr-old car would not be much higher.

marybelle01

renton75 wrote: »

"You will be based at xxx. However, the nature of the company’s business may necessitate that on occasions you will be required to spend time at other locations either by travelling or spending reasonable periods of time at such other locations.
Please note that your home location must be under 1 hour’s travelling time each way. If relocation is appropriate, you will be required to move within 30 miles or under 1 hour’s travelling time of your new work location. If this is the case, you may be entitled to relocation assistance in accordance with the company relocation policy.
During the course of your employment, you may also be required to relocate to another location. In the event of an established relocation, the company will discuss this with you in advance, giving appropriate notice, and the company may offer relocation assistance as appropriate.
You will be employed by the company. However, from time to time and depending on the needs of the business, you may be required to work for other associated companies."

this is the mobility clause - seems pretty standard one.

it is debatable if i will be within 1 hours drive from new location - 50 miles on motorway can be done in an hour but traffic at 8am etc will generally mean over an hour.

does this help to clarify?

I'd have called that quite large and rather specific! I wouldn't be refusing unless (a) your employer says they are willing to pay redundancy if you don't want to go, or (b) a lawyer said they could beat that for you. Because to me it says that if the company say you are relocating, you are relocating.