what are my next steps?

getmore4less

90 days consultation. if this was first raised 2 years ago then plenty of consultation time.


IF the contracts do not allow for the move then your jobs are gone a reduction in the requirement for work at that location, redundant.

The issue is are the alternative(same job new location) suitable alternatives as it is so close for most(many) this will be so the company will probably take the default view that it is suitable for everyone.
On an individual basis are the circumstances the OP have sufficient to make the move not a suitable alternative.



Irrespective of this is the OP feels the job is not sustainable in the new location they should have been seeking alternatives.

If this has been know about for some time not sure why the OP entered into a new rental agreement when they had no clue where they would be working.

Takeaway_Addict

getmore4less wrote: »

90 days consultation. if this was first raised 2 years ago then plenty of consultation time.


IF the contracts do not allow for the move then your jobs are gone a reduction in the requirement for work at that location, redundant.

The issue is are the alternative(same job new location) suitable alternatives as it is so close for most(many) this will be so the company will probably take the default view that it is suitable for everyone.
On an individual basis are the circumstances the OP have sufficient to make the move not a suitable alternative.



Irrespective of this is the OP feels the job is not sustainable in the new location they should have been seeking alternatives.

If this has been know about for some time not sure why the OP entered into a new rental agreement when they had no clue where they would be working.

Excuse my ignorance but if the consultation is based on redundancy isn't it 45 days now?

newcook

getmore4less wrote: »

90 days consultation. if this was first raised 2 years ago then plenty of consultation time.


IF the contracts do not allow for the move then your jobs are gone a reduction in the requirement for work at that location, redundant.

The issue is are the alternative(same job new location) suitable alternatives as it is so close for most(many) this will be so the company will probably take the default view that it is suitable for everyone.
On an individual basis are the circumstances the OP have sufficient to make the move not a suitable alternative.



Irrespective of this is the OP feels the job is not sustainable in the new location they should have been seeking alternatives.

If this has been know about for some time not sure why the OP entered into a new rental agreement when they had no clue where they would be working.

Because it was discussed that work would cover the additional cost of the travel – had the directors not changed their mind last week it would not be an issue as I would still be able to get to work even though it means leaving home half an hour earlier to make the connections.
As it is, it was an informal meeting when this was agreed and nothing was agreed in writing – they are now unwilling to cover the additional travel cost.

I do have other options of work – however, this is not what the thread is about. CAB and redundancy helpline have confirmed that I have sufficient grounds for redundancy.
The thread is questioning what my next steps are – do I write a letter to the directors? Do I contact a solicitor? Etc.
I had already emailed the redundancy helpline to ask what the next steps are however they can take up to 10 days to reply so thought I would see if anyone here would be able to advise.

Takeaway_Addict

newcook wrote: »

Because it was discussed that work would cover the additional cost of the travel – had the directors not changed their mind last week it would not be an issue as I would still be able to get to work even though it means leaving home half an hour earlier to make the connections.
As it is, it was an informal meeting when this was agreed and nothing was agreed in writing – they are now unwilling to cover the additional travel cost.

I do have other options of work – however, this is not what the thread is about. CAB and redundancy helpline have confirmed that I have sufficient grounds for redundancy.
The thread is questioning what my next steps are – do I write a letter to the directors? Do I contact a solicitor? Etc.
I had already emailed the redundancy helpline to ask what the next steps are however they can take up to 10 days to reply so thought I would see if anyone here would be able to advise.

It would be wise to email the directors stating you believe it is a redundancy situation and the reasons why but you need to be non emotional on this.

If they still refuse then the only way as I mentioned to try and enforce this is to go through a tribunal, solicitors costs are likely to eat up any award which was why I asked if it was on any insurances?

getmore4less

Takeaway_Addict wrote: »

Excuse my ignorance but if the consultation is based on redundancy isn't it 45 days now?

you are right 45 days now.

getmore4less

The next step is to point out that you do not accept that the alternative on offer is a suitable alterative to the job you are redundant(current job current location) from so you need to keep the consultation open while this is discussed.

if the company say no then you start discussions.

if you don't feel confident get legal help.

it would be best if all those that don't want to move start the fight and club for legal help.

do not let them know you have alternatives lined up.

newcook

Thanks guys, just a quick update!

I spoke with CAB again yesterday afternoon and they put me in touch with ACAS who have been really helpful and also helped put my mind at rest about a couple of things. They have said that they will also help step in and mediate if need be and they have advised me on what things I should put in a letter to them.

getmore4less

Please keep the thread updated with progress.

Takeaway_Addict

newcook wrote: »

Thanks guys, just a quick update!

I spoke with CAB again yesterday afternoon and they put me in touch with ACAS who have been really helpful and also helped put my mind at rest about a couple of things. They have said that they will also help step in and mediate if need be and they have advised me on what things I should put in a letter to them.

Good keep pushing, though bear in mind the employer does not have to mediate with ACAS. Also be aware that ACAS are ok but not everything they may say maybe accurate.

motorguy

newcook wrote: »

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.

So really, up until now you've had it quite handy.

The company have opted to move a mere 6 miles away, but by looking at the worst possible scenarios, you're going to take 1 1/2 hours each way, and risk getting mugged every night.

Is there no scope to get a lift with someone going that direction for example?

I cant see any tribunal in the land finding it unreasonable that an employer is asking you to move offices a mere six miles down the road - ultimately it is up to you to get to your place of employment, not up to the company to make it as easy as possible for you to get there.

If you really really want to pursue this, ultimately you'll have to resign and then go to a tribunal stating it was unreasonable for a company to ask you to move office six miles away.

Good luck with that.