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Can't relocate with a SN child, what to do?

6 replies

Dontlikepink · 26/03/2012 17:58

DH employer wants him to relocate to another country. His future boss considers this a done deal while they didn't even put it to DH in writing in a shape or form. There was no discussion about any terms and arrangements.

The real issue is that we can't relocate because of our special needs DS. He has a statement and is in the top set of a leading comprehensive. If we move he'll be learning to glue boxes in a special school. We checked with schools and the relevant service in that country and the outcome is that basically the systems and the law are not set up in a way to meet his needs.

DH loves his job and professionally the move makes sense for him. However, it doesn?t seem to work practically. We can't afford to pay two rents so it might not be possible to live apart.
What can we do? What are his rights? They didn't even put anything in writing. How to proceed?

OP posts:
RandomMess · 26/03/2012 18:00

What does his employment contract state?

How old is your ds?

Dontlikepink · 26/03/2012 18:15

He is well into his 50s.

The contract was signed with the understanding that after a few months he will move to another country. However, it was explicitly referring to a different country than the one they want us to move to now. In addition, more than two years have past. A decision that seemed reasonable two years ago is less reasonable now that DS is into his GCSEs.

i think the understanding is that he will be getting a local contract.
What does it all mean, what are the implications?

OP posts:
Dontlikepink · 26/03/2012 18:40

The contract states that his normal place of work is the company office or our home, "... or at such other place in the UK that the company may require from time to time".

"... You may be required to transfer on a temporary or permanent basis to another office of the company within reasonable distance of daily travel from your home address"...

This doesn't cover a transfer to Central Europe, does it?

OP posts:
RandomMess · 26/03/2012 20:53

I think you need some legal advice on this.

I asked how old your ds is Grin I see he has started his GCSE's - so I presume he finishes them in 15 months time.

I would check the legal situation, I would then get your dh to speak to the company and negotiate for them to pay his living expenses abroad whilst you stay here until your ds finishes his schooling.

Do you have a spare room you could rent out to supplement income if this were to happen?

Dontlikepink · 05/04/2012 12:50

bump

Could anyone offer any more ideas as to the rights and how to handle this situation?

I know when a transfer is mentioned, one think of an executive package in a blue chip multinational. However, this is not at all the case here. I don't see any sources of supplementary income. Even if I could find a job, (a big if), I would probably have to spend more on childcare than I could possibly earn. I would really appreciate some advice.

OP posts:
StillSquiffy · 05/04/2012 17:31

Best way to handle it is simply to be honest and explain that the country they have asked you to move to is not suitable because your son's educational needs cannot be met in this country and therefore DH will only be able to work on a weekly commuting basis and only then if all costs are met by company. Otherwise DH will be happy to look at other alternatives, including remaining in UK.

If they have no job in UK for him because it was a temporary role or a piece of work has finished or whatever, they could make him redundant and there's not much you can do, so long as there is a genuine business reason why his role is no longer viable in the UK. The fact that one was country was envisaged and now a different country is being offered is neither here nor there if the company is saying this is the only alternative role going.

Am sure that if they value him they will see what they can do to fix this for all parties.

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