Form of Constructive Dismissal?

[mrpenguin]

Hi,

 

Recently I was put 'at rsik' of redundancy and as of today I am on my 30 days individual consultation notice.

 

It is anticipated I will be served my notice shortly after the 30 days expires.

 

The driver for the 'at risk' warning and potential redundancy is a restructure taking palce within the business. My role is proposed to be located at another office which is not within a commuatable distance. I have a question regarding this situation in that no offer of relocation incentive or package of relocation assistnace has been made should I want to relocate. I'm pretty sure that they are not obliged to offer one however there are existing employees already based at the site where my role is based who will be pooled with me for this postion.

 

Could this failre to aid me in retaining my role be seen as constructive dismissal?

 

Thanks

[Guest Old_andrew2018]

Bump

[Bigredbus]

In order to claim 'constructive dismissal', you will have to demonstrate that your employer's actions amounted to a fundamental breach of your contract (the breach goes to the root of your contract).

 

What you are putting forward is the fact that your employer has not offered you a relocation package. As you mentioned, he does not have to offer you a relocation package, unless it is included in your contract of employment.

 

You should find out if your employer has offered such relocation packages to other employees and if yes, on which conditions...

 

Your possible refusal to relocate could become redundancy on grounds of unsuitability... If you decide not to relocate and your employer considers you are being unreasonable and refuses you a redundancy payment, you can take the matter to an Employment Tribunal for them to decide whether you or your employer are being unreasonable...

[mrpenguin]

thanks Bigredbus, I guess I'm just trying to understand if by way of not offering a relocation package that I am being dis-advantaged and therefore I don't have any other option but to go with redundancy. There are other employees who are in the same situation as me in. It just feels unfair that those who are already based at the site where the roles will be are alomost a 'shoe in' as there is no way I can relocate as things are.

[Bigredbus]

I understand your frustration but also recognise that you like the job you are doing...

 

You should take your concerns to your manager or HR department and let them know that you would be ready to make the move if they could contribute to the relocation costs. I am sure that you could both come to some compromise agreement...

 

Very good luck to you 'mrpenguin'...

[mrpenguin]

Thanks again BRB, it seems that they aren't willing to budge on the relocation package deal and so that may be a dead end. I've also jsut discovered that I'm going to be paid in lieu of notice which doesn't sound to bad initially but means I'm going to lose out on the accumulation of benefits during my notice period i.e. holiday entitlement, pension, medical cover etc. Is there anythign that can be done about this?

 

I've also heard, not sure if its true, that if a company does not allow you to work notice, it coulod be deemed as breach on contract and therefore I could receive the payment in lieu of notice as tax free?

 

Thanks again.

[honeybee13]

Hi. It's my understanding that pay in lieu of notice [PILON] is not taxable. You need to check whether the other benefits will apply or not, they may.

[mrpenguin]

Hi. It's my understanding that pay in lieu of notice [PILON] is not taxable. You need to check whether the other benefits will apply or not, they may.

 

thanks honeybee - I thought this may be the case and will put it to HR who have already advised that they are....I'll let you know what they say

[honeybee13]

That's good, please let us know what happens. I hope you get the outcome you want.

[mrpenguin]

It looks like the PILON will be taxable as it does state in the staff handbook that the company does reserve the right to pay in lieu of notice in the event of contract termination.

 

I'm due to have a second consultation meeting soon and I'm told they will have for a provisional figure for my redundancy plus the PILON payment. In order to know I'm getting what I'm entitled to, what kind of benefits will make up the PILON?

 

I understnad it may consist of any outstanding holidays or holiday that would have been acrued during the notice period, any pension contributions and also medical benefits - will it also include all other benefit in kind services like staff accounts?

 

Thanks:)