Discussion
Quick summary, we've just been told that our branch is to close and we are to be relocated to our Reading branch ( current branch in Hammersmith). Now this is fine for me as I drive and it's a shorter commute, but a collegue lives in Wembley and doesn't drive and it would cost him at least £500 a month extra just to commute. This is not a viable option! Can anyone tell me where he stands legally as far as either being recompensed if he were to take the position or is he entitled to full redundancy if he was to turn the position down if they not to offer to contribute to the extra expenses?
TIA
Simon
TIA
Simon
He should have been presented with an either/or option.
However, some employment contracts have clauses which state - at this address (office) or other place of employment as agreed by the company (or something similar)
What should happen is that he is offered the new position in Reading on the same terms as current.
Or
Redundancy figure of X
Most companies will also allow you a period of say six months to try the new role with the Redundancy deal on the table, then if it doesn't work for you, you should still be able to take the package and leave.
However, some employment contracts have clauses which state - at this address (office) or other place of employment as agreed by the company (or something similar)
What should happen is that he is offered the new position in Reading on the same terms as current.
Or
Redundancy figure of X
Most companies will also allow you a period of say six months to try the new role with the Redundancy deal on the table, then if it doesn't work for you, you should still be able to take the package and leave.
If he has not been offered redundancy then I wouldn't count on it.
Where I work they have just moved a load of staff from Staines to Letherhead and Stevenage to Reading. In both cases staff were told that it was either move office or resign, as both moves were considered to be a "reasonable commute".
Where I work they have just moved a load of staff from Staines to Letherhead and Stevenage to Reading. In both cases staff were told that it was either move office or resign, as both moves were considered to be a "reasonable commute".
KrazyIvan said:
If he has not been offered redundancy then I wouldn't count on it.
Where I work they have just moved a load of staff from Staines to Letherhead and Stevenage to Reading. In both cases staff were told that it was either move office or resign, as both moves were considered to be a "reasonable commute".
Yep, sounds to me if he doesn't accept it'll be constructive dismissal. They've not made the position redundant, they're just altering the terms of the contract to a new place of work.Where I work they have just moved a load of staff from Staines to Letherhead and Stevenage to Reading. In both cases staff were told that it was either move office or resign, as both moves were considered to be a "reasonable commute".
https://www.gov.uk/employer-relocation-your-rights
http://www.workingrights.co.uk/Relocation.html
You need to establish if there is a 'mobility clause' on the employment contract.
http://www.workingrights.co.uk/Relocation.html
You need to establish if there is a 'mobility clause' on the employment contract.
Marf said:
Yep, sounds to me if he doesn't accept it'll be constructive dismissal. They've not made the position redundant, they're just altering the terms of the contract to a new place of work.
Can you please indicate your understanding of constructive dismissal? Your post suggests to me that you may be misunderstanding the concept.Breadvan72 said:
Marf said:
Yep, sounds to me if he doesn't accept it'll be constructive dismissal. They've not made the position redundant, they're just altering the terms of the contract to a new place of work.
Can you please indicate your understanding of constructive dismissal? Your post suggests to me that you may be misunderstanding the concept.My understanding of constructive dismissal is when the company makes a material change to your contract which you do not accept, ergo your employment ends but you've not resigned per se and you've not been fired or made redundant.
Constructive dismissal occurs when an employer repudiates the contract of employment and the employee leaves in response to the repudiation.
Resigning in response to a change in terms could give rise to a constructive dismissal claim in some cases but not in others, depending on the nature of the change.
In the present case, the key issue is whether the contract of employment contains a mobility clause. If it does not, then the employee's job will become redundant when the employer moves.
Resigning in response to a change in terms could give rise to a constructive dismissal claim in some cases but not in others, depending on the nature of the change.
In the present case, the key issue is whether the contract of employment contains a mobility clause. If it does not, then the employee's job will become redundant when the employer moves.
Breadvan72 said:
Constructive dismissal occurs when an employer repudiates the contract of employment and the employee leaves in response to the repudiation.
Resigning in response to a change in terms could give rise to a constructive dismissal claim in some cases but not in others, depending on the nature of the change.
In the present case, the key issue is whether the contract of employment contains a mobility clause. If it does not, then the employee's job will become redundant when the employer moves.
Even if there is a mobility clause, the proposed change of location must be reasonable in all the circumstances to negate a redundancy situation.Resigning in response to a change in terms could give rise to a constructive dismissal claim in some cases but not in others, depending on the nature of the change.
In the present case, the key issue is whether the contract of employment contains a mobility clause. If it does not, then the employee's job will become redundant when the employer moves.
KrazyIvan said:
Where I work they have just moved a load of staff from Staines to Letherhead and Stevenage to Reading. In both cases staff were told that it was either move office or resign, as both moves were considered to be a "reasonable commute".
Stevenage to Reading? A reasonable commute? Blimey! I guess it depends on your definition of 'reasonable' and you salary.Note Home Office v Evans. Reasonable reliance on a mobility clause can negate a redundancy situation. In that case, the move was from Waterloo to Heathrow.
http://www.bailii.org/ew/cases/EWCA/Civ/2007/1089....
http://www.bailii.org/ew/cases/EWCA/Civ/2007/1089....
How has he worked out £500 more a month? A season ticket on the train from Wembley to Reading is £3772 a year, and a season ticket on the underground for Zone 1-4 (Wembley to Hammersmith) is £1672. So the difference is £2100, or £175 a month. Still a lot of money, but nowhere near as much.
davepoth said:
How has he worked out £500 more a month? A season ticket on the train from Wembley to Reading is £3772 a year, and a season ticket on the underground for Zone 1-4 (Wembley to Hammersmith) is £1672. So the difference is £2100, or £175 a month. Still a lot of money, but nowhere near as much.
Can you please post a link as to where you got this information from, as I cannot find it anywhere.Cheers
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