Job Relocation

[fuzzyduck1]

I have a general question about this.

Me and my role were TUPE'd to another company in December.

The new company now want to move my place of work to another office which is 150 Miles away. They are at the moment offering no Relocation package just the choice of move of take redundancy.

My question is should they offer relocation and would this be classed as unfair dismissal if i don't move as my role is not being made redundant.

I would think you are redundant, provided the relocation is justified. I don't think relocation packages are a legal requirement.

What was the mobility policy? if 150m exceeds this then your position should be made redundant. Does this company routinely pay relocation expenses?

There is no mobility policy. and the new company doesn't have a relocation policy. but my original company did. The job is not being made redundant.

Yes but the move would constitute such a significant material change in your T&C that it would in effect mean that the role as you knew it is redundant. I.e. the role in location A is redundant because now the work has to be done at location N.

Yes but the move would constitute such a significant material change in your T&C that it would in effect mean that the role as you knew it is redundant. I.e. the role in location A is redundant because now the work has to be done at location N.

Oops double posted sorry. And location B - but you get the picture...

So let me get this right TUPE is just another way for Large companies to make people redundant without getting there hands dirty

Without wishing to generalise, there will be a reason why they want to move your role 150miles, probably economic. In order for them to want to have bought your original company in the first place the sums would have had to add up.

If that means making some people redundant and footing that bill, then they will have factored that in.

www.springhouselaw.com/glossary/eto-reason/

I'm sorry this is happening though. It's no fun, I do understand

Sorry probably economic or organisational

So the law is changing to allowing the movement of a job to be used as an excuse to make someone redundant. but that's not now. Do we know when this new law comes in?

No, that is now. The law hasn't/ isn't changing (at least in the last 3-4 yrs).

It's not an excuse to make someone redundant. Relocation of that distance is redundancy.

Redundancy is defined as follows:

"the employer ceases to carry on the business in which the employee was employed;

the employer ceases to carry on that business in the place where the employee was employed;

the needs of the business for employees to carry out work of a particular kind cease or diminish; or

the needs of the business for employees to carry out work of a particular kind in the place where the employee was employed cease or diminish."