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Redundancy - How far can the company make you travel to relocate, instead of paying redundancy?


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Redundancy - How far can the company make you travel to relocate, instead of paying redundancy?

Today i have been told the company is closing my place of work. I am due to start my 90 days consultation process. It has been suggested that i relocate to another branch. This branch is 23 miles away. I don't drive. I will have to get two buses and it will take me between 2 - 2 1/2 hours to get to work. (never mind get back) So a possible 5 hour round trip. I will have to leave the house at 6.30am and won't return until 8.30pm. I am currently learning to drive but will not pass my test by the time this is proposed.

I have worked for the company for 7 years.

The new contract they are offering me is generally the same as i am on now. Same amount of hours, similar days (full time, fully flexible), same pay, (however they are considering whether to pay my extra expenses to get to work)

One difference is i would be working more weekends than in my previous role.

 

The company states the following, "if an individual declines an alternative contract/job role which is different from their previous contract job role they will be entitled to redundancy. If however an individual is offered a contract/ job role which is the same as their previous role contract/ job role, with no changes to their contacted hours, days or work or rate per hour then they would not be entitled to redundancy."

 

Furthermore, I checked my contract and it states the following, "The base location of your employment is (****** the name of my town) althought the company reserves the right to amend this as the needs of the business demand and you may therefore be required to work in alternative locations either on a permanent or temporary basis."

 

Please help. Do you think I am entitled to redundancy pay if i chose not to take the job at the other branch?

Kind regards

Waltolla

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In very general terms, what is 'reasonable' is not for the employer to decide, as it depends on a range of factors, many of them non-work related. Whilst a 23 mile journey might to many people not be a major problem, this depends on the individual - cost, personal circumstances, availability of public travel, care for dependents, activities and commitments outside of work - these can all be factors and ultimately it could be down to a Tribunal to decide, and the success or otherwise would depend on opinions, and the degree to which the employer has attempted to remove those barriers, so any offer to cover travel expenses would be relevant, similarly if they were to arrange car sharing or to allow flexible working patterns to minimise any disruption to normal life.

 

That would have been my advice up until I read the mobility clause which you have quoted, since that brings another factor into play. It seems fairly conclusive, and especially if the were to contribute to cost of travel you might find yourself in trouble, however the availability of travel is still a major factor. I am afraid that I can't advise on whether the mobility clause is sufficient to force you t accept the alternative role, but it certainly seems that you might have a battle.Is there any opportunity to get a lift - at least until you pass your test and then you could perhaps car share? How easy would it be to get another job? Are you absolutely certain that public transport would involve such a lengthy journey? Above all else, if the travel could be resolved, would you rather keep working for the company? Employment rights and job security are worth hanging onto if at all possible unless you are certain that you could get another job fairly quickly.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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It's tough, and as SW says, what is reasonable is entirely subjective and ultimately up for a Tribunal to decide.

 

I work 25 miles away from home, but I have a car. It would be almost impossible to do the commute without one (three or four buses!) and I don't love in a remote area. Common sense would therefore say that if you were moved to an office you have no way of getting to, that wouldn't be reasonable.

 

You could lose the redundancy payment, but I would hope your employer would try and be reasonable to avoid litigation!

Edited by becky2585
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how much would an intensive driving course be to make this a viable option? Plus, moped/bike while you take the tests? Not too bad in the lighter weather if you have a mac!

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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