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Still seeking advice on strategy : redundancy -v- relocation situation


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Company I work for are due to relocate to an extremely rural destination 40 miles away from current office (which you can only get to by driving as no public transport gets close enough). Move date is approx. 6 weeks max. from now - as yet unconfirmed but very likely that's when it will be for reasons I won't go into here for the sake of keeping this brief!

 

I am 44 and have worked for firm for last 9 plus years and am therefore, presumably, entitled to 9 weeks statutory notice and 10.5 weeks statutory redundancy money as a minimum (if I do not accept the move). The Employer has verbally offered alternative employment (i.e. same/similar job at new location). Surely this should be done in writing?

 

Distance and time wise I could just about do the journey if I had to(though would never choose to travel this sort of distance for work eery dayin normal circumstances or even look twice at a job going in that location, no matter how much it was paying, because of the distance etc.)

 

Clearly, if I accept the offer to relocate I would lose any entitlement to a redundancy payment (I do nt appear to be being offered a trial period) and therefore, on principle, think it only fair that my additional costs are covered at least in part and, with this in mind put forward 3 possible options to the Employer which so far have not even been acknowledged let alone responded to/refused.

 

1st Option - Redundancy with appropriate notice and payout at end of notice period. End of.

 

2nd Option - Redundancy and new contract on enhanced terms(with an alternative employer, if necessary, to get round any loopholes re. redundancy situation - new employer is possible if new contract issued by client I do most work for directly on basis employment is still supervised by current employer froma technical point of view).

 

3rd Option - Same contract with salary uplift equivalent to stat. redundancy payment (paid over 12 months per usual) which would, of course, give employer some comfort that I would see out the move int he new location for at least a year and save employer having to find a lump sum now to make me redundant (which might prove problematic if my perception of the Co.s finances/cash flow are anything to go by).

 

What worries me is that none of this is in writing and my boss may turned round and say at move date because she offered alternative employment (assuming I refuse stating conditions of offer are unreasonable on many counts) I may then have a fight on my hands to prove it was a genuine redundancy situation and get the £'s I am entitled to by way of stat. redundancy pay let alone payment in lieu of proper notice of end of contract contract.

 

Need to devise a strategy how to play this one out to maximise my return in the event that no additional £'s for making the move are forthcoming and I elect the redundancy option but have difficulties of the nature described above.

 

Would appreciate some views/feedback as to my chances of success at an E.T. in these circs. please.

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Basically do I:-1. Sit tight, say nothing and see what happens in meantime or by moving day? Then raise issue of redundancy stating I want what's properly due, including payment in leiu of proper statutory notice (citing that I would have expected notice to be served in writing to be binding)2. Send a chaser to employer asking for response on Options 1,2 & 3. above?3. Raise the issue as a grievance in the interim (giving standard 28 days for a response) stating that I am unhappy that existence and/or terms of the alternative job offer has never been confirmed in writing and, similarly, am unhappy that terms of posisble redundancy, including notice entitlement and stat. redundancy payment entitlement based on length of service have, likewise, never been confirmed in writing thus making it extremely difficult for me to give a definitive answer on which option I am to take on/after the move.Another consideration is that if I am still "employed" under the terms of the existing contract, even if that is on Notice, beyond 6th July 2009 I will then be entitled to stat. notice and stat. redundancy payment based on 10 years' service and not 10 so it would seem to be in my best interests to let this situation run on unresolve a couple of weeks more yet. Would you agree?

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