Change of work location or redundant possible?
Discussion
I’ll try to keep it short but please ask if I’ve missed out any vital info
Been at same company 16 years (Was bought out 3 years ago) but contract remained.
Currently on furlough.
My department is 5 people. 1 manager and 4 of us. I’m second longest serving but my face doesn’t fit anymore. All the other 4 are back at work From furlough (3 same role and 1 manager).
Received a call from director to say he wants me to do same job but at another site as a Person has left the job there and my Current department now only requires 3 people not 4 doing my job. My contract allows change of location. When I said “is my position redundant then” he was very careful to say no and that it’s a great opportunity at the new place. He did say on several occasions that my current placewill only require 3 going forward and I should be thankful of a job still even though it’s not ideal.
It seems that he needs to fill this position (which is a terrible location and a place that nobody stays ) and also make my department leaner without paying any money out.
I don’t want this to happen. If I was offered redundancy I would take it and walk away to a similar job locally hopefully.
Where do I stand ?
It seems rather than being made redundant I’m being offered a worse location (my commute is 3 mins currently - new one would be 40-45 each way). Family life, poorly dad and the fact I won’t commute rules it out.
Ideally I’d like it in writing but there’s no way he would write that my department needs less people as that’s basically redundancy. He did say he would look to use the mobility clause if needed.
A little bit of background .... last September they tried to say I was underperforming compared to colleagues And they started to performance manage me out. . For 3 months I was monitored and in fact came 2nd overall In the last quarter of 2019 and was on track for same before lockdown on March. Obvious whatever happened I need a new job but feel I’m owed something for my 16 years of my job isn’t there any longer.
Thanks in advance for any help.
Been at same company 16 years (Was bought out 3 years ago) but contract remained.
Currently on furlough.
My department is 5 people. 1 manager and 4 of us. I’m second longest serving but my face doesn’t fit anymore. All the other 4 are back at work From furlough (3 same role and 1 manager).
Received a call from director to say he wants me to do same job but at another site as a Person has left the job there and my Current department now only requires 3 people not 4 doing my job. My contract allows change of location. When I said “is my position redundant then” he was very careful to say no and that it’s a great opportunity at the new place. He did say on several occasions that my current placewill only require 3 going forward and I should be thankful of a job still even though it’s not ideal.
It seems that he needs to fill this position (which is a terrible location and a place that nobody stays ) and also make my department leaner without paying any money out.
I don’t want this to happen. If I was offered redundancy I would take it and walk away to a similar job locally hopefully.
Where do I stand ?
It seems rather than being made redundant I’m being offered a worse location (my commute is 3 mins currently - new one would be 40-45 each way). Family life, poorly dad and the fact I won’t commute rules it out.
Ideally I’d like it in writing but there’s no way he would write that my department needs less people as that’s basically redundancy. He did say he would look to use the mobility clause if needed.
A little bit of background .... last September they tried to say I was underperforming compared to colleagues And they started to performance manage me out. . For 3 months I was monitored and in fact came 2nd overall In the last quarter of 2019 and was on track for same before lockdown on March. Obvious whatever happened I need a new job but feel I’m owed something for my 16 years of my job isn’t there any longer.
Thanks in advance for any help.
There are a number of factors here but I won't go into them all for obvious reasons.
What "exactly" does your contract say with regards to location and how far away is the location from your current place of work?
The bottom line is how hard do you want to push back.... Given the performance management assertion......
What "exactly" does your contract say with regards to location and how far away is the location from your current place of work?
The bottom line is how hard do you want to push back.... Given the performance management assertion......
Hi , I’m sure it was yourself that helped me a bit last year when I had issues with them trying to not pay me as i was classed as vulnerable.
Contract says
The company reserves the right to vary your place of work to any branch at any time.
This I know I cant fight I’m guessing. But surely the reason for the move being that they need to drop my department numbers and also fill this position isn’t fair
Contract says
The company reserves the right to vary your place of work to any branch at any time.
This I know I cant fight I’m guessing. But surely the reason for the move being that they need to drop my department numbers and also fill this position isn’t fair
d8mok said:
Currently location is less than a mile. Around 3 mins in the car.
New location is 16-17 miles and around 40 -45.
From memory within 25 miles change then it's tough.New location is 16-17 miles and around 40 -45.
You could ask why you were chosen to move and not the one of the other three? What was the selection process?
Sir Bagalot said:
From memory within 25 miles change then it's tough.
You could ask why you were chosen to move and not the one of the other three? What was the selection process?
Good idea I will ask that. We’ve communicated on phone currently but may ask for it to be by email as get the feeling it’s going to be a battle proving what’s been said. I’d planned to move along to something better but Covid got in the way a bit. You could ask why you were chosen to move and not the one of the other three? What was the selection process?
At this stage you don't have anything concrete either right? It may be helpful to simply inform HR this is what you have been told but you are unlikely to be happy with it so can they please confirm this is happening and if so to provide the reasons you were selected etc.. You could be slightly more aggressive subject to just how you feel and whether you would prefer to leave the company than move location etc.
No nothing is concrete or in writing yet
I’ve got a appointment with a solicitor on the phone to discuss where I stand , and my work are expecting a call from me with a answer.
I’m guessing that HR will be unaware as that’s usually the case when this has happened to other people in the past. But they have all moved without resistance.
I’ve got a appointment with a solicitor on the phone to discuss where I stand , and my work are expecting a call from me with a answer.
I’m guessing that HR will be unaware as that’s usually the case when this has happened to other people in the past. But they have all moved without resistance.
hotchy said:
Theyve got you really. Either move as stated in contract or your effectively handing in your notice.
It is not quite that simple. It is for example possible to be constructively dismissed or discriminated against by seeking to engage such a term. There is case law on this.No not a role that’s possible remotely.
To be fair it may be the kick I need to find something else whatever happens. Even if I’m allowed to stay it’s not going to be long term I guess.
I would also loose company car which I’ve had for 18 years so that would be a shock. Ideally if I got some redundancy that would go towards a car and I’d look to work elsewhere straight away or as close to as possible as a few jobs the same are advertised locally.
To be fair it may be the kick I need to find something else whatever happens. Even if I’m allowed to stay it’s not going to be long term I guess.
I would also loose company car which I’ve had for 18 years so that would be a shock. Ideally if I got some redundancy that would go towards a car and I’d look to work elsewhere straight away or as close to as possible as a few jobs the same are advertised locally.
Sir Bagalot said:
From memory within 25 miles change then it's tough................
It is 50 miles in the US. I worked with a company that relocated people from Long Island to New Jersey. Around 46 miles on the map but about 3 hours each way. Out of hundreds of people only 2 continued working. Shortly afterwards the 2 remaining employees were let go. A big cost save for the company that did not want to pay out for hundreds of people.d8mok said:
Company car has to be with me on site , and at lunch I travel to my Dads to take care of him which would be possible without driving.
I know nothing about employment law, but if you have caring responsibilities locally is this not a strong argument for you to stay in your current location?Biglips said:
d8mok said:
Company car has to be with me on site , and at lunch I travel to my Dads to take care of him which would be possible without driving.
I know nothing about employment law, but if you have caring responsibilities locally is this not a strong argument for you to stay in your current location?I’m not an official carer or anything. Not even sure if that’s a thing I could look into. He’s got a blue badge but I’m unsure of any other details.
But basically I’m a only child and I go once a day to sort anything out he needs and help out with his dog. Plus he doesn’t drive so various appointments are worked around me being able to take him etc. I get a hour lunch so eat at his and do this sort of thing at same time.
Work are aware I do this. And I made him aware on the call.
I’ve tried to get a appointment with local law firm which do free advice but it’s not for a week from now. They are expecting a call back from me once I’ve considered the offer.
Not sure if I should call tomorrow and say I don’t want to move and see what is said. As it’s probably better than them calling me as they’ve not heard back.
But basically I’m a only child and I go once a day to sort anything out he needs and help out with his dog. Plus he doesn’t drive so various appointments are worked around me being able to take him etc. I get a hour lunch so eat at his and do this sort of thing at same time.
Work are aware I do this. And I made him aware on the call.
I’ve tried to get a appointment with local law firm which do free advice but it’s not for a week from now. They are expecting a call back from me once I’ve considered the offer.
Not sure if I should call tomorrow and say I don’t want to move and see what is said. As it’s probably better than them calling me as they’ve not heard back.
Edited by d8mok on Monday 14th September 20:04
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