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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

employer wants me to work elsewhere

23 replies

notrealme · 21/12/2020 22:56

i work for a company that has other businesses, my workplace will be closed during lockdown and employer has told me no furlough, has told me if i want paid i have to work in a sister company otherwise use holidays or unpaid leave.I have refused as i have never worked there, had training , it is extra travel across tiers so i have refused. Does anyone know if this is even legal?

OP posts:
MotherForker · 21/12/2020 22:57

You need to check your contract. Usually an employer can ask you to work at another location as long as it is reasonable in terms of distance. So if it were 200 miles, no, but up to 50miles might be considered reasonable.

Dee1975 · 21/12/2020 23:01

Does your contract say anything about other duties? Or other sites? Tricky one because technically he is providing you with work. However, if contract didn’t state that you can be deployed elsewhere, he would have to get your agreement (which if I were you, would include travel expense).
If it’s not in contract you do not agree he still has to pay you if he shuts. So he’s better off putting you on furlough.
Grab your contract and call Acas.

Canwecancel2020 · 21/12/2020 23:03

Could you negotiate paid time & extra petrol money for the extra distance you’re travelling so you’re not out of pocket there? I believe travelling across tiers for education/work is ok.

In terms of never working there before, presumably as long as they’re not expecting you to use scaffolding or chemicals, a quick tour of the fire exits and toilets should be enough?

Under the current employment situation (and one branch already shut) I would avoid being awkward about this if it were me.

LittleOwl153 · 21/12/2020 23:08

Is it within the same company/ legal entity?

Your contract will be with a company not a brand or site within that. So for example if you work in a shop in one street, but the same company has another shop on the neighbouring street called something different - but owned by the same company.

If they are the same company then I think its likely you will have to switch as it is a reasonable redeployment- same salary etc. I think you could certainly ask for additional travel expenses.

If its a different company then it is the same as him saying I don't need you this week but my mate over there does so you must go and work for him. He cannot pass on his employment responsibilities in this way and would therefore remain responsible for paying you etc.

LoveMyKidsAndCats · 21/12/2020 23:16

My site was closed at one point so I got moved to one further away. I was told its allowed.

Hawkins001 · 21/12/2020 23:16

Not sure what best to advise other than produce a detailed plan of various factors and procede from there

ArchbishopOfBanterbury · 21/12/2020 23:21

What is your job description? What's the job you're being asked to do? How far away is the other location?

jimmyhill · 21/12/2020 23:25

It is allowed and you are also allowed to travel across tiers for work purposes so that one isn't going to get you out of it

Viviennemary · 21/12/2020 23:30

I think if it's a reasonable journey you can be expected to work there.

ErrolTheDragon · 21/12/2020 23:33

Check your contract. DH worked for a company which made someone (married with kids) go and work for their Dutch office - he'd signed a contact saying he'd work in any of their locations. DH had had that clause removed from his.

DianaT1969 · 21/12/2020 23:54

If it's within commuting difference and the job is similar to what you do, then the fact it's a different building shouldn't matter. Lots of jobs are multi-site and I can see that increasing after Covid. Could you find another job easily if they let you go?

Original poster
notrealme · 21/12/2020 23:55

thanks for info, completely different job role, on a late/early shift roation as opposed to current office hours, dont drive so an hours additional commute time and late shift no transport. Big one for me was other business was recruiting earlier in year and anyone wanting to apply (advert was on notice board) would have to apply externally and give notice if successful so treated as separate business.
Contract names my company and business unit only not other company.

OP posts:
yellowcatss · 22/12/2020 00:07

if we agree it goes against your contract what would your next steps be? as it dosnt seem its an option o doing your current job do you want redundancy?

Original poster
notrealme · 22/12/2020 00:11

would accept furlough same as first lockdown, was on holiday 2nd one. Redundancy not an option as employer says job will restart after lockdown.

OP posts:
Viviennemary · 22/12/2020 00:28

That doesn't sound very reasonable at all asking you to do shift work. Could you offer to do the job in the new place but office hours. I don't think they can change your hours so drastically. Are the other employees accepting these changes.,

yellowcatss · 22/12/2020 00:34

@notrealme

would accept furlough same as first lockdown, was on holiday 2nd one. Redundancy not an option as employer says job will restart after lockdown.
they have said their not going to furlough you then so i assume they go through the lay off process www.gov.uk/lay-offs-short-timeworking/guarantee-pay 150 pounds a week or redundancy i think you are right it does go against your contract if your contract says 9-5 and they want you to work shifts not those hours regardless of where the building is
june2007 · 22/12/2020 00:36

Well you can,t currently do your job and you have been offered an alernative. You do not need to take it, but that means you use your job.

partyatthepalace · 22/12/2020 08:32

Check w citizens advice. Usually companies can ask you to switch location within reason.

Why is it an issue for you other than minor inconvenience?

partyatthepalace · 22/12/2020 08:33

Sorry OP - I missed the second bit of your message.

Shift work seems like a major difference in role, so I would take advice on whether and how you can push back.

partyatthepalace · 22/12/2020 08:34

.... but they may have grounds for redundancy if they genuinely don’t have anything else for you.

superstar84 · 22/12/2020 08:36

Ring acas, it's a free employment advice service

superstar84 · 22/12/2020 08:37

www.acas.org.uk/contact

ChablisandCrisps · 22/12/2020 08:40

@Flowery is an expert in all things HR and employment law. Hopefully she will see this and come along with some excellent advice Smile

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