Change of working location

Savvy_Sue

This doesn't sound like the most wonderful employer, and a quick search indicates that there are multiple vacancies for FLT drivers in Nottingham. 

Undervalued

Savvy_Sue said:

thebrexitunicorn said:

If he is still with the employer at the time his depot closes this could well be a redundancy situation.  His old role will no longer exist and for the reasons given,  the alternative (new location) is not suitable.  

In his position I would be looking for alternative employment now.  However, if I hadn’t found anything by the time of the move I would be pursuing a redundancy payment.

I don't see redundancy here. The job still exists. The new location is not unreasonably far away. Childcare and travel arrangements are not the employer's concern. 

Is there any wraparound care at the school / nursery?

But I'd be looking for another job.

I largely agree.

Yes, some (maybe many) "good" employers would be more understanding and flexible but that doesn't mean there is a legal right.

Even if it were a redundancy situation then his entitlement would only be around 3 months salary, which may tide him over but isn't a substitute for having a job.

Huge numbers of people commute far more than 15 miles. An employer is quite entitled to make a business decision to re-locate. Inevitably that will benefit some staff and inconvenience others. Very few employment contracts guarantee a fixed place of work ad-infinitum so I fear his two choices are to either find a way of travelling or find another job. Sorry! 

magpies79

Appreciate all the replies completely agree the tone and attitude towards him from his employer would be enough to make me look else where let’s put it that way after what 14 years think he’s well
respected at his work as well.

he’s been on the phone to acas and citizens advice 
both have asked him to request a copy of his employment contract and to scan and send it over to them.
she did seem to think he may have grounds for being offered redundancy if his contract doesn’t have mobility clause in it as his role will no longer be there and although his role has been moved he shouldn’t need to as per his contract so redundancy should be an option.

they did say maybe have a case for being unreasonable with regards to not taking into account his personal circumstances ie child care and ability to offer some support or breathing space with regards to maybe letting him start later or leave earlier until he find alternative arrangements with regards to picking kids up from school but by the way he mention it didn’t seem overwhelming confident.

his role at the Nottingham branch finishes on the 11th of august so will have to move depot by then so hasn’t got long anyway.

Hoenir

magpies79 said:

they did say maybe have a case for being unreasonable with regards to not taking into account his personal circumstances ie child care and ability to offer some support or breathing space with regards to maybe letting him start later or leave earlier until he find alternative arrangements with regards to picking kids up from school but by the way he mention it didn’t seem overwhelming confident.

Your summary of the situation made it sound as if travelling to the new location wsn't a practical proposition though. A total non starter. Relationships work both ways. If there are options then put the proposals forward. Not reasonable given the logistical task in hand of moving sites for the employer to micro manage each individidual employee's requirements. 

thebrexitunicorn

Savvy_Sue said:

thebrexitunicorn said:

If he is still with the employer at the time his depot closes this could well be a redundancy situation.  His old role will no longer exist and for the reasons given,  the alternative (new location) is not suitable.  

In his position I would be looking for alternative employment now.  However, if I hadn’t found anything by the time of the move I would be pursuing a redundancy payment.

I don't see redundancy here. The job still exists. The new location is not unreasonably far away. Childcare and travel arrangements are not the employer's concern. 

Is there any wraparound care at the school / nursery?

But I'd be looking for another job.

What is reasonable will vary depending on individual circumstances.  

 If the contract specifies the current location as the only place of work then childcare and transport can certainly be relevant if they are the reasons that the new location isn’t suitable for the employee.  

The role is not only the tasks it’s also the location (and hours of work), assuming the information about the contract is correct.  

A chat with an employment law solicitor, with all the information put to them, might be a good investment.  

magpies79

Hoenir said:

magpies79 said:

they did say maybe have a case for being unreasonable with regards to not taking into account his personal circumstances ie child care and ability to offer some support or breathing space with regards to maybe letting him start later or leave earlier until he find alternative arrangements with regards to picking kids up from school but by the way he mention it didn’t seem overwhelming confident.

Your summary of the situation made it sound as if travelling to the new location wsn't a practical proposition though. A total non starter. Relationships work both ways. If there are options then put the proposals forward. Not reasonable given the logistical task in hand of moving sites for the employer to micro manage each individidual employee's requirements. 

Well it was only a brief chat with my brother on the phone but again totally agree relationships works both ways but I definitely formed the opinion after my brother told me the owner saying to him in a meeting tuff not my problem move or leave no redundancy no temporary variation of hrs until childcare is sorted out and no traveling expenses end of meeting don’t like it there’s the door as someone who isn’t willing to work on this working relationship.

 And for me if it was me I’d be leaving and putting me first and sort on hopefully finding another company to work for that’s been my advice to him from the moment he’s told me life’s to short to be dragging your heels with stuff like this even more so with 2 young kids.

And like i mentioned before what’s the point in having to have a mobility clause in a contract if you can just move them anyway if it’s in it or not and that’s a genuine question?

magpies79

thebrexitunicorn said:

Savvy_Sue said:

thebrexitunicorn said:

If he is still with the employer at the time his depot closes this could well be a redundancy situation.  His old role will no longer exist and for the reasons given,  the alternative (new location) is not suitable.  

In his position I would be looking for alternative employment now.  However, if I hadn’t found anything by the time of the move I would be pursuing a redundancy payment.

I don't see redundancy here. The job still exists. The new location is not unreasonably far away. Childcare and travel arrangements are not the employer's concern. 

Is there any wraparound care at the school / nursery?

But I'd be looking for another job.

What is reasonable will vary depending on individual circumstances.  

 If the contract specifies the current location as the only place of work then childcare and transport can certainly be relevant if they are the reasons that the new location isn’t suitable for the employee.  

The role is not only the tasks it’s also the location (and hours of work), assuming the information about the contract is correct.  

A chat with an employment law solicitor, with all the information put to them, might be a good investment.  

Well this was what the lady was saying on the phone from what he told me on the phone.

 he works along side 5 other people who all do the same duties 3 have contacts that state can be requested to work at any other depot within 1.5 hrs travelling distance.

my brother and one other person contacts states Nottingham only and both have worked there around 14 years the other 3 people varies between 3-6 years they have worked for the company.

magpies79

So my brother received a couple of phone calls today acas and citizen advice and both have said in there opinion of course and not fact that they do feel he should be offered redundancy for the reason that his role no longer exists coupled with the absence of a mobility clause in his contract.
along with it may be reasonable for him to say no if it involves a difficult journey or affects personal matters like children’s education in his case it’s both 

he’s emailed over to acas and citizen advice his contract  they did mention that the timescale on how they have gone about it ie notice isn’t to clever either 12 of august he’s been asked to move by so wasn’t much notice. 

They have also said to get a print out of routes and buse times and how long the journeys would take.

He been told by them to write a letter to his HR and manager outlining the reason he shouldn’t move depots and be offered redundancy and that it may well end up going down the dispute road and possibly tribunal he mentioned to a manager today if anyone was in from HR and was told the lady who is dealing with all this is away for 2 weeks so no which he thought was quite ironic.

he has also been told not to move depot by acas if he wishes to push for redundancy and raise a dispute but has to follow certain steps with his employer first to give them to chance to perhaps solve the issues first.

hes also said to me he won’t  be moving there so the 11th will be his last day there.

sorry if this is all over the place I’m at work On a night shift lol

Savvy_Sue

I can't quite follow the argument about him not moving depots. Of course he doesn't have to move depot, but since the one he's currently working in will no longer exist ... 

Has he started job hunting?

Since contributing to this thread I am now receiving adverts for FLT drivers ... 

lincroft1710

Savvy_Sue said:

Since contributing to this thread I am now receiving adverts for FLT drivers ... 

You know it's always been your life's ambition!