Possible Redundancy -v- Relocation Dilemma

[kernowayr]

Company I work for are due to relocate to a rural destination 40 miles away from current office (which you can only get to by driving as no public transport gets close enough).

 

I am 44 and have worked for firm for last 9 plus years and am therefore entitled to 10.5 weeks statutory redundancy money as a minimum (if I do not move). This entitled has been confirmed verbally by my employer but nothing been put in writing as yet.

 

There is 2 positions going at the new location but, once again, no offer of salary increase/compensation for extra travel time and costs which, in practice will work out to be 1.5 x 2 journeys and an 80+ mile round trip daily or 400 miles (£50 petrol) over the course of the week making a theoretical "salary reduction of £3K per annum for each of us after tax - not a particularly pleasing prospect.

 

Am I being unreasonable not to accept the offer of continued employment under these terms? Should I ask for extra dosh to cover travel costs instead and/or take the redundancy option as the alternative if no deal on salary can be struck with Employer - and what do I do about having none of this in writing and then employer changing mind at last moment.

 

Also, approximately 2 weeks ago a conversation took place between myself and employer fairly informally about the 9 weeks stat. notice period of redundancy I am entitled to but, surely, if no firm date has been set for the move my employer cannot rely on that conversation as the date "notice" was served on me for redundancy purposes, particularly when I had not given any indication one way or other (which is still the case as I write this) whether I would accept the move option, either on corrent terms or otherwise.

 

Would really appreciate some guidance as to how I can play this one out to my best advantage. The sad thing is if she paid out the redundancy and offered me a new "fixed term" contract of, say, a year to begin with I could probably then afford to do the travel although, in all honesty, may flatshare during the week as an alternative. Moving lock stock and barrel to the new location is out of the question too (I am married, own my own house, have mortgage etc. and do not wish to sell in the current market - hubby does not want to move).

 

As far as alternative employment elsewhere is concerned I am fairly confident that something will turn up for me with my 25 years' experience gained in various industries so being "out of work" is not my main concern right now - I just want to get what I am entitled to and not be "done over" by a boss who will not commit anything to paper re. redundancy (which, it could be argued I suppose, is not a true redundancy situation if she is offering alternative employment that I could take up if I was prepared to travel/lose £3k wages per year and run up 25,000 miles on my car I would otherwise not need to if I stayed put and looked for something else I could get to by public transport instead).

 

Help !!!!!!!!!!!

[Guest wino]

Hi Kernowayr.

Here is a link to direct.gov about relocation it might help

 

http://www.direct.gov.uk/en/Employment/Employees/Relocation

[kernowayr]

Thanks for the link Wino (which I had already found and read for myself anyway btw).

 

However, you wil see that my OP asked for some opinions and advice re. strategy to be taken by me in the situation described, to safeguard my statutory entitlements (which have neither been confirmed, in writing, or denied to me in any shape of form as yet and I may therefore be worrying needlessly on that basis).

 

More specifically, would an ET view my refusal to move with the company as unreasonable if I did not accept the moved and it resulted in a Tribunal claim by me to get any £'s owed/denied at the 11th hour do you think?

 

Would appreciate some further feedback along those lines please - from anyone on here if possible? Maybe someone has been in a similar situation themselves (or knows someone who has been) and succeeded, or indeed failed on a technicality or something which, clearly, I would like to avoid wherever possible myself.

 

Thanks in advance for looking at this again for me everyone.

[kernowayr]

With regard to current travel - I do not use a car to get to/from work as I live only 2 miles down the road from the office and there is a good bus service which costs me £10 a week in fares. My employer knows this.

 

Also someone else affected by the move doesn't seem bothered about extra distance/expense of the journey she will be making on top of what she does now by train so, presumably, is not asking for anymore £'s to compensate. Can my employer rely on this when refusing to give me something extra though? I see no reason for her to discuss/tell anyone else at work what I've asked for and got (or not as the case may be).

Edited April 19, 2009 by kernowayr
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[kernowayr]

May have now answered by own questions here (but would still appreciate comments and feedback on how the rules translate to me as regards "reasonableness" or otherwise of me, the Employer, and my employer in the circs. descrined. I found this on a law firm's website and thought it relevant to post here.

 

Suitable Alternative Employment

If an employer can offer alternative employment and that employment is accepted by the employee then the employer can avoid paying redundancy pay. However an employee can refuse that offer if he or she is able to establish that it is not reasonably suitable on a number of grounds. The grounds for refusal must be clearly stated, a simple refusal for no reason at all would be classed as unreasonable. If the employer refuses to accept the employee’s reasons for refusal the employee may submit an application to an Employment Tribunal. The Tribunal will look at both the suitability of the job offered, and the reasons for the employee’s refusal of the alternative job separately and come to separate decisions respectively.

When an offer of alternative employment is made it must be clearly stated what the changes are to existing terms and conditions to enable the employee to make a reasoned decision. The offer must be made before the existing contract and position is terminated and take effect within four weeks of that date.

 

 

An employee is entitled to ask for a trial period if the job offered is of a different nature. The statutory period is four weeks, but this can be extended. All the conditions of the trial period must be made in writing prior to the trial period commencing. There can only be three outcomes of a trial period:

• acceptance of the alternative job by continuing after the end of the trial period. There will be no dismissal and the employee acceptance of the alternative job by continuing after the end of the trial period. There will be no dismissal and the employee’
  
• alternative job is unsuitable due to differences between the old and new job. In this case the employee will be deemed to have been dismissed on the original date within the redundancy notice and a redundancy payment is made accordingly.
  
• the employee unreasonably decides that a suitable job is unsuitable or unreasonably refuses to continue with the job. In this case the dismissal will not be deemed to take effect on the original date within the redundancy notice and the employee will not qualify for a redundancy payment.
  

Edited April 19, 2009 by kernowayr
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[kernowayr]

And this too (from another site):-

 

When refusing to move becomes redundancy

 

 

 

If you don't want to move with your employer, you may become redundant because:

• the job at the current location no longer exists
  
• you're being offered an alternative, but you refuse the offer as not suitable to you.
  

Whether you get a redundancy payment depends on a number of factors, including how long you've been working for your employer. However, the most important question is whether you've ' unreasonably' refused an offer of suitable alternative work.

There is no fixed distance which is 'reasonable'- it depends on your particular circumstances. If the new location is just a few miles away and you can drive or easily take public transport, it will probably be unreasonable to turn down the offer. If, however, it involves a difficult journey, even if it's only a few miles away, or affects personal matters like your family situation or children's education, it may be reasonable to say no.

When you are facing redundancy there is a right to a trial period in any alternative job you are offered - check the link below for more information.

Redundancy is a dismissal so you can always consider an unfair dismissal claim if you feel badly treated.

Edited April 19, 2009 by kernowayr
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[kernowayr]

So, bearing all of the above in mind would any "refusal to move" on my part be seen as unreasonable by an ET (if no compensation offered or offer not confirmed properly in writing and subsequently acccepted by me)?

 

Let's have a poll - Reasonable/Unreasonable/Don't know

 

Thanks guys.