Redeployment- being made to lose hours/pay

[Hastag0417]

Please can anyone give me some advice on ‘suitable alternative employment’ I currently work for a large organisation that has decided to outsource the back office type work. I currently work 9.30-2.30 and drop off/pick up my kids from school. They are stating there is no option of redundancy as they will offer an alternative role in the business. There is another building closer to my home but they say there are no positions there and I’ll have to travel into town. I can’t do this as it means I can’t do the school runs. Can they force me to put my children in childcare (costing me (£30 per day) which I can’t afford or make me reduce my hours losing 20 hours a month pay again which I can’t afford. This has been going on for months and the company are being very underhand and stating we have to take what they offer or leave. I’ve been there over 15 years and my contract states I work at the building closer to home. They also said if they did find a role at the closer building we would have to work until 6pm... I’m sick of telling them I can’t do it!! Next year when my son joins secondary school there is no after school care and they expect me to let an 11 year old make his own way home, let himself in and be alone until I get home at 6.30pm!! Any advice?? Desperate!

I'm another one who thinks you're better off resolving with your current employer rather than seeking redundancy, because you are so restricted in your preferred work hours and location.

I think you might have to accept that you aren't going to be able to have exactly what you want, and there might be a need for some compromise. I would be focusing on finding a workable solution, rather than being so rigid in your requests.

Check with your son's secondary school - most schools are happy for children to work in the library after school. If this is the case, then perhaps 2 or 3 longer days would be possible rather than 5 short ones, or maybe it will give you enough time to get back from the city after your shorter days to pick him up. Your younger child can go into ASC.

IIRC my previous employer had a clause in the contract that they could relocate you up to 40 miles away if necessary to find suitable alternative employment in the case of an office shutting down!

Place marking until I get to my desk - hoping to be supportive

The thing is, the reason why you work the hours you do is irrelevant. They are you working hours. If you cannot accept an offer of alternative work because the hours are not suitable then that is enough to entitle you to a redundancy payment.

Are you in a union op?

Thanks for the advice. I think I definitely need to contact Acas/unions.

I'm no good on the redundancy/move office etc part of your dilemma.

But I thought it might help to hear the perspective of another DM of an Aspergers/ADHD DC and her experience moving to independent returning home from school etc.

In the latter half of 4th class (age 10), I would go to the afterschool club to collect DD, she started putting her bag into the car and walking home herself while I drove home, (no roads to cross, but I had to drive from train and had to appear in person so that staff would allow her to leave). We talked about it at home before, and agreed that I would have to see her waiting at the pedestrian exit of school grounds as I left the driving exit (100 yards apart), I would drive to the entrance to our estate, turn off into the estate and then pull in and wait for her to get into the estate walking from the main road. Once I knew she was off the main road, I would drive the rest of the way home and she had 10 minutes from then to amble along.

We built up to afterschool allowing her to leave herself at the same time I was due off the train (I had to give written permission for that, and I would ring if there was a problem) and we'd meet at home. She was doing that by Halloween in 5th class (almost 11).

Due to a bullying problem in afterschool on the school premises (a classmate so spilled over from class), she changed to a different one that Christmas, and I had to collect from there twice a week. But part of the compromise was that she had to drop 2 days of afterschool extracurricular activities that she loved (they couldn't collect at that time) but twice a week she was allowed to come home after afterschool activities in school and do her homework/get a snack/watch tv for an hour until I got in (the 5th day she was collected by someone else from a different activity away from school and I would collect her from that house).

She had her keys, and a remote control fob for the alarm (so didn't need the code). She had a mobile phone (school policy in place for senior pupils who needed them for getting to/from school and handing them to teacher to mind all day long, with signed permission form from both parents and pupil annually). And she had strategies for what to do if approached en route, or if she had any problems once home (ringing us, going into houses she knew on the way, asking neighbours for help, and never talking to strangers etc).

In 6th class, aged 11.75 onwards, she didn't go to afterschool club at all anymore, to go to activities in school that she was missing and now goes home all 5 days most weeks herself, leaving school between 3.10 and 4pm (depending on the activity), while I get in at 6. Some weeks, someone collects her from the other offsite activity and minds her, but other weeks it is another Mum who drops her off at home when passing. And there are some days that a few of them are walking together, which she likes as a chance to chat (she's fine walking alone, but walking with the friends was not an option from afterschool).

We made sure she was able to get herself a snack - she was already doing pot noodle type snacks using boiling water at summer camps using a flask of hot water or the burco boiler there so we made sure she was comfortable with the microwave and the kettle first. And that she was happy to make herself a sandwich, or other cold stuff, or toast (as a fussy eater though, the pot noodles were the norm).

Then moved on to the grill and remembering to turn it off again after using it.
Then the gas hob.
She had always been involved in the kitchen - this was about her taking responsibility for herself there when she was alone.

We also went over what to do if something went wrong - her keys didn't work, the alarm went off, she had an accident or just a fright/lonely etc (phone numbers for DH and I, and neighbours, and emergency contacts). Neighbours also were happy to keep an eye if needed (a couple are home most days - 1 WAHM and 1 retired lady that DD knows well - we're a sociable friendly street). And also if anyone approached her while walking, or knocked while she was home alone.

Strict rules on allowing friends in while we weren't there (basically, not at all initially, and moved on to allowing 1 friend in occasionally once both had done homework and she rang me first to say it). And on going out again once she was home (so if we needed milk from the shop, she could go once she rang me to say that she was going and when she would be home again).

It was a little hard for DH and I to agree to this, but in our case, the bullying really meant that things had to change and we couldn't change our work, nor was going back to an au pair an option at this stage (we had one for 4 years when she was smaller and DH travelled a lot). But we took it in stages, and when we had to take action to deal with the bullying, it meant DD was already somewhat prepared and we could trust her. She knew that, if she didn't act properly (so didn't do her homework, let friends in when not allowed, spent all afternoon on the Xbox, left a huge mess or appliances turned on in the kitchen etc), that she would have to go to the new afterschool EVERY afternoon, so there was an incentive for her to make it work too.

If anything, it's all going to go backwards when she starts secondary this September - as sports will go on until 6pm and it's a bit further away from home, so I expect to be collecting her most evenings on my way from the train.

But it was about laying out what to do, and what the plans were, and what the plans were if something happened that wasn't expected, that made it work. She needs routine (the aspergers bit) and once she knew what to do, and how to manage if something went wrong, then she really surprised us by how well she adapted.

I know this is a bit long, but I guess I'm trying to say that your DC may surprise you with what he can cope with, if you work with him on strategies. So even if you DO have to change work around so that you cannot be there every day after school, like you can now, it is something that you may be able to work on to make it work for you and your family, if you take enough time to adapt and build up the strategies and plans with them.

We were very pleasantly surprised as well, when we got home the first month or so to the table set for dinner every day - which DD took it upon herself to do to help at home. That didn't last, but we can ask her to do jobs some days - like hang out a wash from the machine (thrown at the line but at least outdoors for drying), peel potatoes for dinner (she might get half of them done, which saves time later), or walk to the shops for bread or milk if needed.

We still checked homework when we got home, and did reading with her at that stage. But she was soooo much more relaxed than having had an afternoon of those boys in the afterschool. We make sure there are a few things in the fridge/cupboard that she can snack on and choose herself. But it is very do-able.

Your childcare issues are NOT your employer's responsibility so forget that issue

Not sure this is true when the child concerned has SN. Surely the employer has to make reasonable adjustments under the Equality Act as the OP is a carer? Allowing you to keep your current hours or do some home working if possible would be a reasonable adjustment.

Also: do you have a mobility clause in your contract? If not, they can't do it anyway without offering redundancy. If you do, seek advice about whether it's enforceable.

However, getting a school hours job is tough, so as someone else said, I'd try to resolve the issues rather than seeking redundancy.

Yes, I will amend my advice. If it was just about childcare the employer doesn't have to factor it in. You may be able to argue indirect discrimination if you are a carer for your disabled son.

Do you have a partner and do they have any flexibility?

There is no mobility clause in my contract. It states I work at the place where I want to go. Please also bear in mind the initial consultation said we would go on the hours we are on currently. They also said they would reduce the agency staff but haven’t done that either to allow more people to go to this location. I know I’ve been lucky in being given my preferred location but I been doing these hours for 5 years after my second Ds. I appreciate the above post re preparing my son for travelling and being home alone but it will involve a considerable walk, bus, busy road and then an empty house for 3 hours. I’m just not convinced he’d be able to cope and gets very upset/ inconsolable in certain situations or if he gets scared and I’d never forgive myself if this happened. Please bear in mind 9-30-2.30 is mostly covering the core hours and they are basically using this opportunity to remove everyone’s flexible working request. I have already agreed to change my current rdo because that is do- able so I am not being awkward just concerned.

unexpecteditem
The employer does have to factor in childcare , Personal circumstances need to be taken into consideration

@bruffin in law I don't think they do, happy to be shown I am wrong.

OP has a specific set of constraints which are not applicable to all parents. A good and compassionate employer would try to accommodate her, but without knowing the circumstances we can't know if they are doing what they can. On the information OP has given it's doubtful.

See the goverment link.

@bruffin that's a long way from saying that the employer must allow OP to work from current location.

But her personal circs, contract and longevity does make it likely that she should be offered redundancy.

I didnt say she could be made to keep working the same, but she has to be offered redundancy.

I agree that she may have a case to be offered redundancy - but does she really want to take it? With the strict restrictions she is putting on the times and locations she will work from, she is likely to struggle to find another job, and the redundancy pay will run out... If she can be flexible and negotiate a compromise (e.g. using childcare/looking at whether secondary school allow after school library study/working 3 long days instead of 5 short etc) then this is likely to be a far better long term solution.

So yes, she probably can push for redundancy, but is that what she really wants? What she cannot push for is to work the hours of her choice in the location of her choosing if the organisation has already said that doesn't work for them. They cannot be forced to accommodate her requests, only to offer redundancy.