Change of working location

theoretica

Seems like he wants to investigate constructive dismissal and whether he thinks it worth bringing a claim as the new site is unreasonable for him.

magpies79

theoretica said:

Seems like he wants to investigate constructive dismissal and whether he thinks it worth bringing a claim as the new site is unreasonable for him.

Yeah feel that’s pretty much the route he’s looking at thanks for all the advice as always 

400ixl

He could of course move to within a commutable distance of the new depot.
Is he renting?

magpies79

400ixl said:

He could of course move to within a commutable distance of the new depot.
Is he renting?

No he owns his house with his wife not long moved in plus she works locally as well and there schools are like walking distances and good schools his wife’s a nurse so does different shifts which is why he does the school pick ups.

again me personally I’d just look for a new job and move on the closure is definitely happening and are moving staff over next month but he’s ringing Acas tomorrow for more advice I believe 

LightFlare

theoretica said:

Seems like he wants to investigate constructive dismissal and whether he thinks it worth bringing a claim as the new site is unreasonable for him.

 Exceedingly unlikely to succeed if the change in distance is only 16 miles.

The boss was actually correct to say how he gets to work isn’t their problem - although granted, a touch unsympathetic 

elsien

Is he in a union? 

theoretica

magpies79 said:

again me personally I’d just look for a new job and move on the closure is definitely happening and are moving staff over next month but he’s ringing Acas tomorrow for more advice I believe 

Either he finds a way to make the journey (bike bus/train bike?) or he finds a new job.  Even if he gets some money from the old employer he would need a new job.

magpies79

LightFlare said:

theoretica said:

Seems like he wants to investigate constructive dismissal and whether he thinks it worth bringing a claim as the new site is unreasonable for him.

 Exceedingly unlikely to succeed if the change in distance is only 16 miles.

The boss was actually correct to say how he gets to work isn’t their problem - although granted, a touch unsympathetic 

For me completely agree and I live round the corner from my brother and use to work in derby and I drive but if I had to get a bus I’d be leaving on day one as you literally have to get a bus in the complete opposite direction to then get a bus back.

only question I have left what’s the point of having a mobility clause in a contract at all if you can get there place of work moved regardless if it’s in there contract or not?

This was taken from the link someone sent earlier in the thread….

If there is no mobility clause in an employee’s employment contract, they are under no obligation to relocate. That said, it is always worth having a discussion with such employees as they may be willing to move anyway; this will often depend on the details of the relocation, the terms and package that the employer can offer them if they agree to move and their personal circumstances.

I think he’s asked for a meeting tomorrow to discuss further but for me sorry to waffle on I’d be leaving and finding employment else where even more so with the way they have handled the move.

Andy_L

magpies79 said:

LightFlare said:

theoretica said:

Seems like he wants to investigate constructive dismissal and whether he thinks it worth bringing a claim as the new site is unreasonable for him.

 Exceedingly unlikely to succeed if the change in distance is only 16 miles.

The boss was actually correct to say how he gets to work isn’t their problem - although granted, a touch unsympathetic 

For me completely agree and I live round the corner from my brother and use to work in derby and I drive but if I had to get a bus I’d be leaving on day one as you literally have to get a bus in the complete opposite direction to then get a bus back.

only question I have left what’s the point of having a mobility clause in a contract at all if you can get there place of work moved regardless if it’s in there contract or not?

This was taken from the link someone sent earlier in the thread….

If there is no mobility clause in an employee’s employment contract, they are under no obligation to relocate. That said, it is always worth having a discussion with such employees as they may be willing to move anyway; this will often depend on the details of the relocation, the terms and package that the employer can offer them if they agree to move and their personal circumstances.

I think he’s asked for a meeting tomorrow to discuss further but for me sorry to waffle on I’d be leaving and finding employment else where even more so with the way they have handled the move.

Without a mobility clause the change in location has to be "reasonable" eg the 16  miles in this case.

With a mobility clause it doesn't have to be reasonable eg it could be to somewhere 300miles away

magpies79

So is the 16 miles an example or something that they have to go off suppose he needs to find out how far it is as Nottingham to derby depending on where it actually is could change a bit in distance