Constructive dismissal?
Discussion
Mrs 9-5 is just about to return to work after 13 months maternity leave.
We've got the nipper booked into a local nursery and everything was looking rosy....
But.
We received a call last week saying her current office was closing (a manageable 40 minutes away), and she was to either work from home or from the Bristol office (a ridiculous 2 hours away).
Working from home is impossible as we only have a 2 bed cottage with no room to swing a hamster never mind set up a desk, A3 copier, A3 printer, cabinet etc. She's worked from home before and didn't really enjoy it then either, apparently it's lonely and far too tempting to pop into the lounge for a couple of hours of daytime TV
My employment is a bit here there and everywhere so she would be solely responsible for dropping the nipper off at the nursery and picking up etc. potentially a 13 hour day with the commuting so not really convenient for her or 9-5 Jnr.
Does she have a case?
Would it have to go to tribunal?
With the closure of her current office some redundancies have been announced, but she's so far not been placed at risk even though HR are aware of the domestic situation.
We've got the nipper booked into a local nursery and everything was looking rosy....
But.
We received a call last week saying her current office was closing (a manageable 40 minutes away), and she was to either work from home or from the Bristol office (a ridiculous 2 hours away).
Working from home is impossible as we only have a 2 bed cottage with no room to swing a hamster never mind set up a desk, A3 copier, A3 printer, cabinet etc. She's worked from home before and didn't really enjoy it then either, apparently it's lonely and far too tempting to pop into the lounge for a couple of hours of daytime TV
My employment is a bit here there and everywhere so she would be solely responsible for dropping the nipper off at the nursery and picking up etc. potentially a 13 hour day with the commuting so not really convenient for her or 9-5 Jnr.
Does she have a case?
Would it have to go to tribunal?
With the closure of her current office some redundancies have been announced, but she's so far not been placed at risk even though HR are aware of the domestic situation.
She could very well have a case. Most business offer staff a "redundancy" option if the business is relocating to a new site which is a significant distance from its original location. It looks like some staff were given this option and I would feel that she should have been included in the offer.
Has your wife got a mobility clause in her contract? If there is then she may have to grin & bear it, although they may offer a relocation package.
If there is no mobility clause then she should be able to request redundancy if she does not want to move with the work.
If they have no mobility clause & won't offer redundancy then there may be a case for seeking professional advice.
If there is no mobility clause then she should be able to request redundancy if she does not want to move with the work.
If they have no mobility clause & won't offer redundancy then there may be a case for seeking professional advice.
Here's a cut and paste from the CIPD website:
When does a redundancy situation arise?
Redundancy only arises in the three very narrowly defined circumstances summarised below. Confusion often arises because ‘making someone redundant' is often used as an euphemism for saying an employee is being dismissed for some reason other than redundancy.
Redundancy arises when either there has been, or is going to be either:
the closure of the business
the closure of the workplace
a diminution in the need for employees
If, and only if, one of these situations has arisen will the redundancy be a genuine one.
The full definition of redundancy for redundancy payment purposes is that “an employee ... [is] dismissed by reason of redundancy if the dismissal is wholly or mainly attributable to:
a) the fact that his or her employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him, or has ceased, or intends to cease, to carry on that business in the place where the employee was so employed
b) the fact that the requirements of that business for employees to carry out work of a particular kind in the place where the employee was employed, have ceased or diminished or are expected to cease or diminish."
(See Section 139 (1) (a) and (b) ERA 1996)
The definition used for the purposes of consultation is wider than the above and would include, for example a reorganisation where there is no reduction in the overall numbers.
While every care has been taken in compiling these notes, neither Hammonds nor the CIPD can be held responsible for any errors or omissions; the notes are not intended as a substitute for specific legal advice.
When does a redundancy situation arise?
Redundancy only arises in the three very narrowly defined circumstances summarised below. Confusion often arises because ‘making someone redundant' is often used as an euphemism for saying an employee is being dismissed for some reason other than redundancy.
Redundancy arises when either there has been, or is going to be either:
the closure of the business
the closure of the workplace
a diminution in the need for employees
If, and only if, one of these situations has arisen will the redundancy be a genuine one.
The full definition of redundancy for redundancy payment purposes is that “an employee ... [is] dismissed by reason of redundancy if the dismissal is wholly or mainly attributable to:
a) the fact that his or her employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him, or has ceased, or intends to cease, to carry on that business in the place where the employee was so employed
b) the fact that the requirements of that business for employees to carry out work of a particular kind in the place where the employee was employed, have ceased or diminished or are expected to cease or diminish."
(See Section 139 (1) (a) and (b) ERA 1996)
The definition used for the purposes of consultation is wider than the above and would include, for example a reorganisation where there is no reduction in the overall numbers.
While every care has been taken in compiling these notes, neither Hammonds nor the CIPD can be held responsible for any errors or omissions; the notes are not intended as a substitute for specific legal advice.
Thanks very much for the info so far 
So it's all looking likely that redundancy seems to be the most likely path. It's whether the firm try to squirm out of it that will be the interesting part.
I'll post back if anything develops...
I'm sure Mrs 9-5 will be most upset about receiving a nice redundancy deal and becoming a stay at home Mum
So it's all looking likely that redundancy seems to be the most likely path. It's whether the firm try to squirm out of it that will be the interesting part.
I'll post back if anything develops...
I'm sure Mrs 9-5 will be most upset about receiving a nice redundancy deal and becoming a stay at home Mum
just spoken to the missus (proper HR bod) & she said it depends on a few things but.....
It's possible (and quite usual) they are treating her gently after returning from maternity.
If people in a similar role are being offered redundancy on the grounds of the move then she has a much stronger case to push for it - identifying the criteria for redundancy are vital. It may be that the business considers that she is important to the business and they don't consider 1hr 20 mins travel (from old office to new) to be outside the bounds of acceptability - however if similar roles are beign offered then they should extend it.
good luck!
It's possible (and quite usual) they are treating her gently after returning from maternity.
If people in a similar role are being offered redundancy on the grounds of the move then she has a much stronger case to push for it - identifying the criteria for redundancy are vital. It may be that the business considers that she is important to the business and they don't consider 1hr 20 mins travel (from old office to new) to be outside the bounds of acceptability - however if similar roles are beign offered then they should extend it.
good luck!
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