How "flexible" do I need to be?

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I work for a large multinational going through a big re-structure.

At the moment I have a job and do well and which I enjoy. I am also very fortunate to work flexible hours - 75% of full-time which means I can take time off in the holidays and be there for school pick-up 3/5 days.

There is one of my position (most full-time) in each of c. 40 regions in the UK. As part of the restructure it is likely that my region (4 offices) will have 2 offices closed and the other 2 will go into their neighbouring regions, leaving my post non-existent.

I have been told there is no concern about me not having a job, but there is uncertainty about what/where that might be. Because of my childcare arrangements, I can't work more than 30 mins from home. I am in the South East and it is not uncommon (and therefore considered reasonable) for people to commute much further.

What are my options if I'm offered an attractive job in a location more than 30 mins from home? (Other than changing my childcare arrangements-it is important to me to be there as much as possible when DCs come out of school)

If your position is redundant and an alternative is offered to you, you have the right to decline the alternative if it is not 'suitable'. Although 'suitable' would be mostly about skills, experience, job content and the like, your personal circumstances can also be taken into account.

Have you made your concerns clear to your manager?

Thank you flowery. Yes, I have told my line manager that I can't work from a base in London. I don't know yet what they are likely to offer me, although he has assured me there will be "something". I'd just like to know what I'm obliged to accept.

If it comes to it (which I hope it won't) and they make an offer that seems good, in that it's a suitable job, but the location doesn't work for my personal situation, will they need to offer me redundancy, or will it have to be my decsion not to take the job and therefore resign?

If your own job is redundant, and the alternative isn't suitable, then you would be entitled to redundancy pay. If the alternative job was suitable but you declined it, then you would forfeit your right to redundancy pay.

Thanks again, but who gets to decide if it's suitable?

You can decide whether you think it's suitable. Assuming your employer is happy with your analysis of the situation, they will pay you redundancy.

If they are sure it is a suitable alternative, they may refuse to pay you redundancy. You would then need to take it to a tribunal who would take a view as to whether you were reasonable in refusing the job as unsuitable.

All that's thinking way ahead though. See what they offer you first, and then consider whether you can make it work for you. Some compromise might be appropriate, you could consider some homeworking for example, or any other compromise that might work.

Thanks everso much flowery. I know I will be asked to compromise, which is why I asked about being "flexible". It's a word that's bandied about a lot when they're trying to get you do do something you don't want.

I'm a bit worried though that if I take something that doesn't quite suit me, I'll be stuck with it if it turns out to be unworkable.

Best thing to do is have a trial period and see how it works, then you're making an informed decision. Do come back once you have more details if that would be helpful.

Well it's happened - the office I'm based in will be absorbed into it's neighbouring region and the other three are to become part of a larger London Region.

I am expected to take the job covering the London area, where the nearest office to home is a further 20min away. As I finish work at 2:30 and have to pick up children at 3pm, it can't work for me.

It has been explained to me that I need to be "flexible" but TBH I don't wasn't to be. I was in a similar position 18 months ago and increased my hours from 14 to 28 per week and I really don't want to take any more time away from my family.

However, I am told there will be no redundancy. Can they make me do this job, which will leave me with no alternative but to resign?

Sounds like a redundancy situation to me whether or not they want to admit it - your existing job has gone and you are being asked to take a job that is not suitable for you as children DO need to be picked up - you can't just abandon them.

I dont think a move 20 mins further away would be classed as excessive so I can see why they belive your job exists but just in a different office.

You need to take your childcare out of the equation, its about the move not personal circumstances.

Some questions:

Is it your job moved somewhere else or has your job gone completely and this is a new job? What would your employer's response to that be?

Is the 3pm at all flexible in any way? I know you don't want to take any more time away from your family but 3.20 rather than 3pm isn't too horrendous if it's doable in some way.

Is there any kind of mobility clause in your contract?

I don't think you need to take your childcare out of the equation. If it's a redundancy situation and it's about whether an alternative is suitable or not then it's perfectly reasonable to take personal circumstances into account, including childcare. However an extra 20 mins, hmm, might be tricky to argue that's not suitable. If it's a school pick-up do they have any kind of wrap-around care and how much does it cost? Just thinking about whether a little raise to acknowledge additional costs would do it. If it's nursery do they close at 3, or do you just not want your children in childcare any longer?

I appreciate that but I think your employer's argument would be that an extra hour might be unreasonable, an extra 20 minutes is not. Particularly if they could convincingly argue that it's not a new job and if there is additionally a mobility clause in your contract.

I think you might struggle to argue that they were being unreasonable, so you may indeed forfeit your right to redundancy if they dig their heels in (and they might, given that they have presumably tried hard to look after you and find you a role that allows you to still do your flexible hours).

I would look at trying to make it work (can you ask to shorten your lunch hour by 15 minutes and leave at 2.45?). Will the children always be leaving at 3 or will hours extend as they get older? That's something to take into account.

Yes that's a good idea, asking if you can reduce your lunch break.

It sounds as though the problem is you don't want to make it work, you want redundancy, am I right? But the expectation is that in a potential redundancy situation both parties do as much as possible within reason to try and avoid redundancy.

If you wanted to keep your job you would probably try the different options here, such as asking for a raise to cover an additional 20 minutes childcare, asking to reduce your lunch slightly, asking to leave earlier and work a bit from home in the evening, and/or finding another arrangement for the children for a short time.

I think it's reasonable for your employer to expect you to at least look into other possibilities to make it work before saying no, and then whether/how much they push it if you do say no will depend on whether they can realistically say it's the same job in a slightly different location and/or the mobility clause factor.

Thank you. I already forfeit my lunch break so I can be at the school for 3pm.

It would a job doing much the same as now, but covering a different geographical area.

My contract states that I should work the hours required to do the job and yes there is a mobility clause, but I was previously told that this was unenforcable if your childcare commitments prevented you from doing it.

I don't want redundancy at all, but it is very important to me to be there when my children come out of school. I was a latch-key kid and it was horrid.

I work 2 full days plus 3 part days per week, so my children are already in childcare as much as I want them to be. 18 months ago I was just doing the 2 full days, but that job disappeared and I was "flexible" to get this one, so I've already increased my hours as far as I can/want to FTB.