what are my next steps?

newcook

I spoke with a lady (Josephine) from CAB on 12th August 2014 regarding the company I work for and them relocating.

Josephine kindly sent me a link titled ‘when can your employer make you redundant’ which has been very helpful. However, my company aren’t offering redundancy and following a recent meeting where I requested to be made redundant (which was declined) I would like some advice on my next steps.

My grounds for requesting redundancy were ‘unreasonable request’ due to the new premises being quite a distance form where I live – it would add an additional 64 miles per week to my current journey. As I rely on public transport this would also incur additional costs of £50-60 per month of which they are not willing to reimburse.

while the company has a mobility clause in the contract I have been advised that due to its wording it would be null and void as the move is permanent and not from time to time:
section 2.1 of my contract that states ‘or such other employment as may from time to time be agreed at the above address or such address as may be notified by the company’

I have been with the company for 9 years.

I hope you are able to advise me on what my next course of action is.

Takeaway_Addict

If the company are not playing ball then you will have to look at going through a tribunal. However a tribunal from what I hear allow up to 90 minutes travelling each way or 50 miles per day on moving a job and staying fair, so an added 64 miles in a week I doubt will be that strong an argument.

You have a small chance if they don't have a valid clause but even then a tribunal still might decide against you.

Are you a union member or do you have legal cover on house insurance?

newcook

Unfortunately we don’t have a union and as I rent I only have contents insurance which I don’t think has legal cover.

According to gov.co.uk it states that unreasonable could mean refusing to move even though the new location is nearby and the employee could drive or easily take public transport.

As it is, I will need to get a bus, a tram and a 15 minute walk through an industrial estate (which I don’t think looks very safe for winter/dark nights!) – all in all it will take just under an hour and a half there and back.

McKneff

45 minutes to get to work really isn't unreasonable to be honest.


Just because its an industrial estate doesn't mean you will be unsafe, there will be other people
going back and forward to work.

newcook

McKneff wrote: »

45 minutes to get to work really isn't unreasonable to be honest.


Just because its an industrial estate doesn't mean you will be unsafe, there will be other people
going back and forward to work.

sorry, its an hour and a half there and then the same on my way home.

They are also unwilling to pay the difference in the extra pass I will need – currently I only need a bus pass but with the relocation I will need a tram pass too which is an extra £50-60 per month. As I haven’t had a pay increase for some years, this increase of my travel cost will put a massive dent in my already tight budget

Takeaway_Addict

If you don't move then the employer will treat it as a resignation, it is then upto you whether you take them to a tribunal for this (which may cost) and can take months to come to an end.

Realistically you may want to look at an exit measure, ie start looking for a new job nearer home and if you can't get one before the move then stay working and keep trying.

Just my opinion of course so if you can get other advice it's always a good idea

getmore4less

If you are moving office then you are redundant the question is the new job a suitable alternative.

this is what you need to focus on, you are not asking for redundancy but are saying the offer is not a suitable alternative.

as it looks like just travel time distance costs it will be a judgment call on what is acceptable.

getmore4less

You rent so can you move?

depends how much you want/need this job

they need to give you at least 9 weeks notice.

How many work there have they done the correct consultation.

Johno100

getmore4less wrote: »

If you are moving office then you are redundant the question is the new job a suitable alternative.

this is what you need to focus on, you are not asking for redundancy but are saying the offer is not a suitable alternative.

as it looks like just travel time distance costs it will be a judgment call on what is acceptable.

getmore4less wrote: »

they need to give you at least 9 weeks notice.

How many work there have they done the correct consultation.

I don't think there is a redundancy situation here. The company is re-locating six miles away from it's present location, not half way across the country.

The OP started a thread about the re-location of their employers a year ago, so they appear to have had plenty of notice and the opportunity to find alternative employment in their locality.

https://forums.moneysavingexpert.com/discussion/4762409

Johno100

newcook wrote: »

My grounds for requesting redundancy were ‘unreasonable request’ due to the new premises being quite a distance form where I live – it would add an additional 64 miles per week to my current journey. As I rely on public transport this would also incur additional costs of £50-60 per month of which they are not willing to reimburse.

I am struggling with that figure. A combined Bus & Metro annual season ticket is only £67 per month, so unless you are a part time worker and so a pass is not cost effective and you pay daily cash fares I can't see where the £50-£60 extra per month is coming from.

newcook

Johno100 wrote: »

I am struggling with that figure. A combined Bus & Metro annual season ticket is only £67 per month, so unless you are a part time worker and so a pass is not cost effective and you pay daily cash fares I can't see where the £50-£60 extra per month is coming from.

At the moment I get a lift home with someone who works in the building a few doors up so I only get a ‘earlybird pass’ for the mornings – work have been aware of this for a couple of years. When the move was first discussed I was told in an informal chat that it would be possible to cover the remainder of the pass rather than give a payrise however the directors have recently decided they will no longer do this.

getmore4less wrote: »

You rent so can you move?

How many work there have they done the correct consultation.

I don’t think my housemate would appreciate me upping sticks! Plus we are signed in on the rent agreement until May.

There are about 130 people that work here – as for if they have done the correct consultation, I have no idea – we were informed by memo and told if we had any queries to contact our line managers.