Change of working location

magpies79

So I’m asking on behalf of my brother who currently works as a fork lift driver for a company In Nottingham he’s heard though I guess through people chatting amongst work that they were planning on closing the  depot and moving to derby.

My brother doesn’t drive and cycles into work takes about 15mins to cycle to work.

He Was kinda hoping that he would be offered redundancy they had a meeting Friday to be told that the depot is indeed closing and all roles will be transferred to derby the new depot in my brothers contact he doesn’t have a Mobility clauses in employment contract.

he physically can’t get to this depot in time via public transport due to the time he starts he would have to get 3 buses and would take 2 hrs and the only bus would get him there 40mins late everyday.

he asked the owner of the business if people who can’t get there are Going to be offered redundancy his reply was no tuff it’s not my responsibility to make sure you get to work and that was that he’s been there 14 years.
i mean apart from the owner being rude and unsympathetic it’s this right and can my brother fight for redundancy.

p00hsticks

What distance are we talking about between the old and new sites ?
you say he doesn't have a mobility clause in his contract  - does it specifically say that his place of work is the depot being closed ?

peteuk

Is there anyone he could car share with?

You say he doesnt drive, is that because he doesnt have a car?  

THe distance between Nottingham and Derby (depending on where they move to) is a fairly reasonable commute and there is no legal requirement to provide relocation costs, unless its writen into the contract (known as a mobility clause)   

If there is no mobility clause then he is are not obliged to move according to the link below. 

Employees' Relocation Rights: Guide for HR | DavidsonMorris

maisie_cat

Nottingham to Derby is 16 miles and 36minutes on the according to google so I'm guessing that the actual locations are out of town. It's within the bounds of a reasonable business decision but he may be able to negotiate a temporary travel allowance to enable him to find a solution

magpies79

Doesn’t drive as doesn’t have a licence works with one other person who drives in but they would be driving in from the other direction so don’t think they could give him a lift and because of his location he would have to get a bus into town then a bus into derby then a bus to work then walk for around 15mins.
because of the times he works early mornings the bus times are well less then favourable to say the least I mean why he’s never learnt to drive is beyond me but hey some people don’t want to I guess.

sorry just to add if he’s not obliged to move what then is he pretty much sacking himself or should he be offered redundancy thanks for the fast replies.

sorry he also said no financial help will be given towards travelling to the new depot the words of the owner not my problem there’s a job there move if you want it and yes his current depot is closing down 

Jude57

magpies79 said:

So I’m asking on behalf of my brother who currently works as a fork lift driver for a company In Nottingham he’s heard though I guess through people chatting amongst work that they were planning on closing the  depot and moving to derby.

My brother doesn’t drive and cycles into work takes about 15mins to cycle to work.

He Was kinda hoping that he would be offered redundancy they had a meeting Friday to be told that the depot is indeed closing and all roles will be transferred to derby the new depot in my brothers contact he doesn’t have a Mobility clauses in employment contract.

he physically can’t get to this depot in time via public transport due to the time he starts he would have to get 3 buses and would take 2 hrs and the only bus would get him there 40mins late everyday.

he asked the owner of the business if people who can’t get there are Going to be offered redundancy his reply was no tuff it’s not my responsibility to make sure you get to work and that was that he’s been there 14 years.
i mean apart from the owner being rude and unsympathetic it’s this right and can my brother fight for redundancy.

If the job still exists and is moving to the new location your brother has no 'right' to redundancy. It's the job that's made redundant, not the individual. Relocation payments are also unlikely to be offered if not covered by his contractual terms and would probably only be temporary anyway. His employer is correct to say that how he travels to and from work isn't their concern. Ultimately, he could be legally dismissed if he's unable to turn up for work.

Clearly your brother doesn't want to learn to drive and that's entirely his choice, but he might have to think outside the box if he wants to keep this particular job. I'm assuming (perhaps wrongly) that there's no way he could change his start and finish times to fit public transport? Not knowing the geography or public transport routes I don't know if it's feasible, but would it be possible for him to do part of the journey by bus or train and part by cycle? It might mean investing in a folding bike but I understand that those are very good these days. One well known auction site has a folding touring bike for £150 at the moment, for example. Some employers even offer loans to staff to buy bikes as well as season ticket loans as part of their commitment to sustainability. And if he can do that, at least in the short term, he'd have time to find a suitable job closer to home rather than taking anything out of desperation or ending up with no job at all.

elsien

Motor scooter?  If he likes his job, otherwise he has been there for 14 years maybe he needs to think of alternatives outside of redundancy.

has he looked at how easy or difficult it may be to get another job with in cycling distance?

magpies79

Appreciate the advice I’ve put this all to him and have said the same thing to be honest Maybe it’s time to move on he’s a good saver to be honest and could do his cbt test and buy a scooter as he has the money but he’s unsure what to do plus has 2 kids so trying to sort things out as he picks them up from school but with the distance of the new depot wouldn’t be back in time.
me personally I’d just look for another job.

magpies79

Sorry one last thing what’s the point of the no mobility clause in his contract does this basically not count for anything ie. That’s his place of work Nottingham depot not derby have a feeling I’m clutching at straws for him here.

he’s said that one guy at work who’s rang acas who does have the mobility clause in his contract hasn’t got a leg to stand on and has to move the lady on the phone from acas said 
If it didn’t then it’s a whole different ball game is that wrong advice then 

elsien

He would have leave then fight it afterwards.
How old are his kids – could they not find their own way home? Again, just thinking of the feasibility of another job which he can get to and still leave to pick the kids up. 

I do think he should look and see what sort of other jobs out there before making his final decision. 

magpies79

Kids are 3 and 5 so not an option unfortunately 
And well that’s my advice look for another job while you have one and move on