Should they really be making us redundant

jwhxch

xHannahx wrote: »

According to the government website on redundancy


You may lose your right to statutory redundancy pay if you unreasonably turn down suitable alternative employment.

I would say they are offering you suitable alternatives, same role just home based.

can they remove redundancy package from original contract....4 weeks per year...can add up.,,, once working at home they will move us to other client work...but could argue role has not changed, so why should contract.

xHannahx

jwhxch wrote: »

can they remove redundancy package from original contract....4 weeks per year...can add up.,,, once working at home they will move us to other client work...but could argue role has not changed, so why should contract.

I don't think they can remove it without consultation, new mutually agreeable contracts etc, but if they offer you another role similar to your existing role which you decline then your not entitled to a penny from them as redundancy as it counts as you jumping.

jwhxch

Ok, the staff that did not transfer in the outsourcing have been told by the union representative that, if it is unsuitable, then the company are putting you at risk, as its contractual change that you are not willing to do.

There management have yet to except this. (gossip said they had, but hr not confirmed).

So staff in company I was outsourced from and sit along side me and work with have option to take redundancy.

I said back a year ago that working from home would be an issue.

I've informed my new management that working on popup table does not work for me.

Thoughts welcome.

getmore4less

If you don't have the space you need to make this clear.

A full workplace assessment needs to be done.

Do you have enough garden space for a proper home office.

jwhxch

how is it right i have to provide a work place in my property, so they don't have to pay for an office. They are even suggesting that the cost of my commute, 10 minute drive is offset against heating etc. How is this legal ...i can see they will want us to sign a new contract and so water down any redundancy claws. What is the point of an employment contract that does not protect staff.. happy to stay working in office in local area for company

p00hsticks

jwhxch wrote: »

My original contract says Bournemouth... a bit of paper Tupe transfer said we would work in same office and then change to homebased after 4 months transition ... .

How long ago was the TUPE transfer ? From what you say here one could argue that the change to homeworking was negotiated (agreed ?) then and you were aware of the change at the time. That was really the time to get this sorted.

TUPE does allow for employers to change contracts for (I think) 'Economic, Organisational or Technical reasons' which include changes of work location, but I've never been very clear on what would happen if an employee declined to accept those conditions - is a person redundant ?

I've been in the reverse situation, where on a TUPE transfer my new employer unilaterally changed my contract to make me work out of a local office rather than from home - I decided to accept the change - I wasn't offered any clear alternatives and decided not to push it. I did find speaking to ACAS quite helpful.

lincroft1710

Redundancy should only occur when an employee is surplus to requirements, it is not supposed to be an alternative to dismissal. From what you have posted you do not appear to be surplus to requirements.

You have a very simple choice, either work from home and try and find some compromise for Friday or resign and look for another job with £10K loss of salary.

In my view the choice is a no-brainer.

anamenottaken

lincroft1710 wrote: »

Redundancy should only occur when an employee is surplus to requirements, it is not supposed to be an alternative to dismissal. From what you have posted you do not appear to be surplus to requirements.

You have a very simple choice, either work from home and try and find some compromise for Friday or resign and look for another job with £10K loss of salary.

In my view the choice is a no-brainer.

If redundancy is the reason for someone leaving employment it would be dismissal on the grounds of redundancy.

jwhxch

p00hsticks wrote: »

How long ago was the TUPE transfer ? From what you say here one could argue that the change to homeworking was negotiated (agreed ?) then and you were aware of the change at the time. That was really the time to get this sorted.

TUPE does allow for employers to change contracts for (I think) 'Economic, Organisational or Technical reasons' which include changes of work location, but I've never been very clear on what would happen if an employee declined to accept those conditions - is a person redundant ?

I've been in the reverse situation, where on a TUPE transfer my new employer unilaterally changed my contract to make me work out of a local office rather than from home - I decided to accept the change - I wasn't offered any clear alternatives and decided not to push it. I did find speaking to ACAS quite helpful.

they did not really discuss if it was possible, they talked of getting smaller office with client, which they repeated again in 1 to 1. It is all temporary..suspect role for specific client will last until the hardware is out of the building in march. We all leave office end of december. Suspect we are just being used to safe guard the move. After which we will be told there is not enough work and maybe we could work on another clients work and so change contract...and accept a mobility clause...slow painful watering down of contract. But still don't understand why i have to provide my home as place of work...stairing at same 4 walls not good.. they will say that homebased requires me to visit office
over 60 miles away when have no work ...only had visibility of this once transferred.

p00hsticks

lincroft1710 wrote: »

Redundancy should only occur when an employee is surplus to requirements, it is not supposed to be an alternative to dismissal. From what you have posted you do not appear to be surplus to requirements.

It's the role that becomes redundant, not individual employees.
The fuzziness comes in defining exactly what the role consists of, and the employment contract will inform that.

In the OP's case, the question is, are X people doing a specific job based together in the office fulfilling the same role as X people working from home, or are they two different roles .....