Redundancy not offered
Discussion
Wondering if anyone here can help with a dilemma a friend of mine is facing...
She works for a small - mid sized company (no idea how many people in total sorry) and has done for the last 17 years.
They are now shutting down the branch where she started (and is still based(, and apparently re-locating her to their main office which is some 30 miles away, and not very accessible (practically impossible) via public transport.
She has never driven, had some lessons a few years ago which scared her, and doesn't want to go that way again.
The question is, as the company have offered her another position, albeit at a different site, has she got an option with regard to insisting upon a redundancy payment, or have they fulfilled their obligations?
Thanks for reading.
She works for a small - mid sized company (no idea how many people in total sorry) and has done for the last 17 years.
They are now shutting down the branch where she started (and is still based(, and apparently re-locating her to their main office which is some 30 miles away, and not very accessible (practically impossible) via public transport.
She has never driven, had some lessons a few years ago which scared her, and doesn't want to go that way again.
The question is, as the company have offered her another position, albeit at a different site, has she got an option with regard to insisting upon a redundancy payment, or have they fulfilled their obligations?
Thanks for reading.
Tried the search Gadge but, as you surmised, it's not working well. 
Amateurish said:
They are effectively making her redudant - they can't force her to move to a location that far away. So if she's not happy, they must make her redundant.
This was what I'd sort of guessed at. Just hoping that the company will do the right thing now...Amateurish said:
They are effectively making her redudant - they can't force her to move to a location that far away. So if she's not happy, they must make her redundant.
Thats not strictly true. It all depends on what the contract says in terms of location of the position and the requirement for mobility. craigjm said:
Amateurish said:
They are effectively making her redudant - they can't force her to move to a location that far away. So if she's not happy, they must make her redundant.
Thats not strictly true. It all depends on what the contract says in terms of location of the position and the requirement for mobility. craigjm said:
Amateurish said:
They are effectively making her redudant - they can't force her to move to a location that far away. So if she's not happy, they must make her redundant.
Thats not strictly true. It all depends on what the contract says in terms of location of the position and the requirement for mobility. Sounds like they're getting close to constructive dismissal here.
https://www.gov.uk/dismissal/unfair-and-constructi...
https://www.gov.uk/dismissal/unfair-and-constructi...
How to search
Go to www.google.co.uk
type in what you are looking for, and then add site
istonheads.com after it - should help you out. 
Go to www.google.co.uk
type in what you are looking for, and then add site
istonheads.com after it - should help you out. Check what her contact states as a place of work, call an the CAB or citizens advice with the contract to hand.
Also I suggest looking into the precedent of working in at a single location for x years, you may need an employment solicitor for this.
Either way
I would suggest a quick call to an employment solicitor, mine did a free 15min and highlighted quickly three routes forward with and without his services.
Also I suggest looking into the precedent of working in at a single location for x years, you may need an employment solicitor for this.
Either way
I would suggest a quick call to an employment solicitor, mine did a free 15min and highlighted quickly three routes forward with and without his services.
rhinochopig said:
Sounds like they're getting close to constructive dismissal here.
https://www.gov.uk/dismissal/unfair-and-constructi...
Again, not necessarily, all depends on what the contract says about mobility. https://www.gov.uk/dismissal/unfair-and-constructi...
It depends on her contract for a start but if your permanent place of work is moved it generally must be within reasonable distance.
'Reasonable' distance is not defined exactly but 20 miles away and you have a car - tough.
30 miles away, non-driver, poor public transport, I would say is a good case.
'Reasonable' distance is not defined exactly but 20 miles away and you have a car - tough.
30 miles away, non-driver, poor public transport, I would say is a good case.
Muzzer79 said:
It depends on her contract for a start but if your permanent place of work is moved it generally must be within reasonable distance.
'Reasonable' distance is not defined exactly but 20 miles away and you have a car - tough.
30 miles away, non-driver, poor public transport, I would say is a good case.
usually a tribunal will call it reasonable if you are able to get there within an hour from your current place of work (not your house) 'Reasonable' distance is not defined exactly but 20 miles away and you have a car - tough.
30 miles away, non-driver, poor public transport, I would say is a good case.
Just been doing a bit of digging myself and, according to the transport direct website, it would take at least two hours to get there by public transport from current place of work, substantially longer from home.
A friend who works with her has suggested that they've never had a contract of employment, though neither of them can actually remember so they could have had one, though certainly not for a long time. He's also suggested that he could run her in and out everyday, which is fine until he's either on holiday/sick or working on site, which he does quite often.
Thanks for all the replies so far, they're appreciated.
A friend who works with her has suggested that they've never had a contract of employment, though neither of them can actually remember so they could have had one, though certainly not for a long time. He's also suggested that he could run her in and out everyday, which is fine until he's either on holiday/sick or working on site, which he does quite often.
Thanks for all the replies so far, they're appreciated.
daveenty said:
Just been doing a bit of digging myself and, according to the transport direct website, it would take at least two hours to get there by public transport from current place of work, substantially longer from home.
A friend who works with her has suggested that they've never had a contract of employment, though neither of them can actually remember so they could have had one, though certainly not for a long time. He's also suggested that he could run her in and out everyday, which is fine until he's either on holiday/sick or working on site, which he does quite often.
Thanks for all the replies so far, they're appreciated.
Does she want the job?A friend who works with her has suggested that they've never had a contract of employment, though neither of them can actually remember so they could have had one, though certainly not for a long time. He's also suggested that he could run her in and out everyday, which is fine until he's either on holiday/sick or working on site, which he does quite often.
Thanks for all the replies so far, they're appreciated.
The new position has to be suitable for her. no matter what she will be invited to a one to one where the reason for her redundancy will be detailed to her. the details of any positions available will be given to her, she will get a chance to ask questions etc.
She needs to go away get the bus timetables and any other info as to why she feels their request is unreasonable and any other factors as to why she can't take the new position.
The next step is another one to one, in this will she will detail the reason, as stated above and she will be shown her redundancy statement or package.
simple really, 30 miles extra commute is unreasonable. if they dont do above then it is unfair dismissa.
She needs to go away get the bus timetables and any other info as to why she feels their request is unreasonable and any other factors as to why she can't take the new position.
The next step is another one to one, in this will she will detail the reason, as stated above and she will be shown her redundancy statement or package.
simple really, 30 miles extra commute is unreasonable. if they dont do above then it is unfair dismissa.
Amateurish said:
They are effectively making her redudant - they can't force her to move to a location that far away. So if she's not happy, they must make her redundant.
No they're not.They can move you to another location but for the life of me I can't remember the radius. It's somewhere about 25-50 miles.
Sir Bagalot said:
They can move you to another location but for the life of me I can't remember the radius. It's somewhere about 25-50 miles.
There isn't a specified distance it is within reasonable travel time which is usually an hour as I said above.OP check contract for mobility clause is the first thing she must do. If she doesn't have a copy request one from HR immediately.
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