DP's role being relocated

[iloveholidays]

To cut a long story short DPs role is being relocated 200 miles away.

It isnrally ally feasible but just wondered where he stood legally. He has 3 months notice however the contract does state that the company has the right to relocate if necessary.

Would he be entitled to redundancy?

He's off to citizens advice tomorrow but

Sorry posted before I finished.

Would be interesting to know if people have come across this before.

Thanks

200 miles would normally be enough to entitle him to redundancy. There is no set 'limit' in terms of actual miles/travel time but 200 would definitely put him in category of entitled to redundancy, normally.

BUT. 'Right to relocate' is an odd clause and could potentially create a problem. Are you sure it isn't 'right to ask him to work in other locations as required'? There is a subtle difference between the two - one is temporary business trips, rather than upping sticks completely. I have never seen right to relocate in a contract before - not sure how it stands legally, tbh. Can you check the wording and confirm?

Also. has he been with same employer 2 yrs+?

Thanks squiffy.

He's only been there 3 months but there's no mention of probationary period in his contract. Does this change things?

I'll check the wording.

Thanks

Yes. If he's only been there 3 months he can be let go and will not be entitled to redundancy, only his notice period and accrued holidays.

Okay.

But he should still get his 3 months notice period? There is no mention of probationary period in his contract so assuming he doesn't have one.

I wasn't sure whether he'd need to work his notice period at the other office if there is a clause in his contract re relocation. States he agrees to comply with their request providing they consult etc.

If he's not going to relocate long term it's unlikely they'd want to move him for the duration of his notice period. Unless they've very suddenly announced a decision that was made some time ago, it's likely there's enough time for him to work his notice where he is once the relocation of the office/function is confirmed.

Does he really have a three month notice period from day 1/very early in his employment? Poor drafting by them if so!

Well there is no mention of probationary period in his contract so we can only assume the standard 3 months stands.

He spoke to acas today who think he's probably got 3 months based on what he's told them so hopefully it gives us a bit of time.