am i entitled to any redundancy ?

compass_clock

I finished a construction site based work project in December 2013 for my previous employer having been there for 29 months. The employer offered me the opportunity to carry on working doing same role for them in different parts of the country with the nearest construction site being approx. 90 miles away from where I live. I did not take this offer as I did not want to work away from home and it was too far to commute on a daily basis there and back and it would have affected my lifestyle.
I thought I would be due to some redundancy but my previous employer has said I am not due to any redundancy.
If I am entitled to redundancy then I would like to claim it, if I am not then that's fair enough
Any advice would be welcome
Thanks
Billy

jackomdj

I would say not as you are the one choosing not to continue working for the company.

LittleVoice

compass_clock wrote: »

I finished a construction site based work project in December 2013 for my previous employer having been there for 29 months. The employer offered me the opportunity to carry on working doing same role for them in different parts of the country with the nearest construction site being approx. 90 miles away from where I live. I did not take this offer as I did not want to work away from home and it was too far to commute on a daily basis there and back and it would have affected my lifestyle.
I thought I would be due to some redundancy but my previous employer has said I am not due to any redundancy.
If I am entitled to redundancy then I would like to claim it, if I am not then that's fair enough
Any advice would be welcome
Thanks
Billy

What did your written particulars of employment say about location and possible re-location?

compass_clock

it did not mention anything about location or possible location

LittleVoice

compass_clock wrote: »

it did not mention anything about location or possible location

The job location is one of the points which has to be included in the principal written statement as required by law. Were you actually an employee rather than self-employed in the construction industry?

compass_clock

I was classed as employee, although it does state in the Project Term Contract that I may be required to work at any of the company's premises from time to time, which I did not have to in that period
Albeit I was site based for 29 months and that is my theory
I worked for over the 2 years and feel I may be entitled to redundancy as I did not want to relocate/travel/commute away form home as too far on a daily basis
The claim I am saying in rights is place of work, is it suitable being approx. 90 miles from where I live ?

jobbingmusician

Looks to me as if that term in your contract is enforceable, especially as it says ANY of the co's premises. You have chosen not to relocate, and so are unlikely to be entitled to a redundancy payment.

ableandy

I would give ACAS a call:

Your contract of employment may contain an express term requiring you work at one of a number of locations. In some cases such a term – known as a "mobility clause" – may be implied in the contract, because, for example, even though there is no written clause, you have carried out a substantial portion of your duties from other locations.

Whether an express mobility clause in your contract is enforceable is debatable. If the clause is drafted too widely (e.g. "You may be asked to work at any of our offices in the UK") or bears little relation to where you've worked in reality, your employer may well not be able to insist on the move. Also, if the mobility clause is proportionately more difficult to comply with for a particular category of worker (e.g. part-timers who are predominantly women) it may be regarded as unlawful indirect discrimination.

compass_clock

Many thanks to all who have advised, having spoken to ACAS they have advised me to write a letter to my previous employer, stating why I think that I may be due redundancy
Any more comments still welcome