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Relocation of work base issues

57 replies

PookieDo · 08/05/2017 16:10

Hi please bear with me while I try to explain and I would so appreciate some advice.

I have been in a role for about 6 months. It's very similar to other roles in the past I have had, senior admin but I do not manage any staff.

Early this year 2 things happened: I was offered and signed up onto a 2 year training course and at the same time, a restructure began to happen.

My direct manager is included in the restructure and has assumed I am compliantly and happily moving base too. I have not at any point been asked by HR whether I want to go. I have approached them and asked where I stand and have had no response. My manager has not really listened to me when I have expressed concerns about moving apart from to promise to try to meet my needs (such as flexible working and working from home). I believe my manager will become difficult and obstructive to me choosing to stay at my current base in another role. Other slightly less senior team members feel they have a need for me here and are fighting for me to stay.

The base is 4x further than my current base from home. It also will involve a complete change of hours to travel and also involve extra expense of school transport and mileage. I'm also concerned about the flexibility not being written into my contract.

I'm more concerned that I have become an object who no one has consulted. I never ever would chiose to work in the new location as it's a horrible drive, will isolate me and will make my 2 year study and home life very difficult.

What course of action do I take? I feel like it's already decided despite no one consulting me!

OP posts:
PookieDo · 09/05/2017 08:54

I think I do need to get advice and join the union. Thanks I will look into this today

OP posts:
LIZS · 09/05/2017 08:55

How can your manager be unavailable for so long. HmmTalk direct to hr or his manager to resolve this if needs be. Don't rely on an informal agreement. Once you've made the move for a few months it would be deemed accepted as permanent.

LIZS · 09/05/2017 08:57

You could also speak to acas.

Dozer · 09/05/2017 08:59

If the length of time justifies it you can use the grievance process to complain about the length of time taken by your employer to advise you formally of your future work location; and about the move. But as PPs have said there is likely to be little redress.

You need to obtain and check the terms and conditions of anything you signed with respect to the training. You should really have checked these before signing anything. Usually, the employer (budget owner) signs a contract to pay the training provider: if that's what's happened, and the employer has not told you in writing that you'd be liable for fees if you stop attending, then I think your employer is liable for fees.

PookieDo · 09/05/2017 09:05

Manager is unwell so not at work and that is estimated how long it will be. It's not related to the restructure!

That is how I understood the training agreement to work: employer has paid the company, so they are liable not me. It is these things I want to be clear on before making a move to leave if that's what i choose. I'm better off leaving early on in the course than a year in, so I don't know if I am better off cutting my losses now or whether sticking out 2 years of the course is worthwhile in the long run. Put up with a base and journey I dislike, finish course then can move into different role with better financial prospects. Or potentially struggle/fail course due to lack of available resources (its work based learning) and it's all a waste anyway

OP posts:
flowery · 09/05/2017 10:37

You are not in a strong position because you've not been there long, so ultimately if you refuse to move, they could just give you notice to terminate your employment and then either offer you employment with the new location to start straightaway, or not offer you employment at all.

You need to check whatever it is you signed about this training so you can understand whether there are any repayment clauses, under what circumstances these apply.

DisappearingFish · 09/05/2017 10:49

I agree they could have handled it better but you need to keep your cool. And unfortunately you are in a weak position if you have only been there 6 months.

Mulledwine1 · 09/05/2017 11:16

What you need to do is:

check is whether the mobility clause is enforceable;

can you stay in your current location with the other staff you say would like you to stay

if you don't move, will they sack you/make you redundant?

If they sack you, will they pay you despite your lack of 2 years' service

And if they sack you, will they expect repayment of training costs (I think it would be hard for them to insist when you are leaving for reasons not really in your control).

There are some very aggressive comments on this thread, not sure why.

Mulledwine1 · 09/05/2017 11:16

Sorry there is a word missing above - will they pay you compensation despite the lack of 2 years' service?

PookieDo · 09/05/2017 11:19

I've tried to make contact today with the relevant people, calmly. I'm frustrated here, but keeping my cool at work, bear in mind this has now been going on since the new year, I have been patiently waiting my 'turn' and no turn is happening so I need to take matters into my own hands. I think I have been forgotten about which does make me feel like I just don't matter. It doesn't inspire much loyalty in me to stay!

The questions I have are:

  • is this a permanent move?
  • Is this my only option of a position, is anything else available for me to consider?
  • If I leave the organisation am I liable for training costs?
  • What are the terms of the TUPE relocation mileage? (as there is a mileage allowance cap and I have read the policy and can't find an answer)
  • I have been offered a verbal agreement of flexible working, do I need this confirmed in writing, by whom and should I receive a new contract?
OP posts:
KatyBerry · 09/05/2017 11:22

FLowery - she has continuous service in other roles, it's only this role within the company that she has only done for 6 monhts.

How many years have you been in the organisation in total?
How many people have been affected by this transfer?
WHat relevance does TUPE have? your company hasn't been acquired by another has it?

flowery · 09/05/2017 11:23

When is this all actually happening OP?

Don't ask your employer whether you are liable for training costs, check the agreement you signed and any correspondence with your employer from the time. If you are liable, those terms would need to have been made clear to you.

Where does TUPE come in? You haven't mentioned previously that there will be a change of employer, is that the case?

PookieDo · 09/05/2017 11:27

Someone else mentioned TUPE. I don't thihk if it is TUPE as it's same organisation but I will be allowed relocation mileage I know that. But I want to check whether it's subject to the cap - i.e. on a sliding scale over X miles it reduces to Xpence per mile

I found out last week that it is happening in about a month

I have over 20 years service

Less than 20 people directly affected. No formal consultation but meetings have taken place with senior staff

OP posts:
DisappearingFish · 09/05/2017 11:52

What's your total years service with this company and how long have you worked at this location?

littleducks · 09/05/2017 12:05

No useful advice but can understand you would be worried if it's supposed to happen in a month.....very difficult to make necessary logistics changes that quickly

PookieDo · 09/05/2017 12:11

Approx 20 years service but only 6 months at this location in this role

OP posts:
PookieDo · 09/05/2017 12:11

It is 20 years give or take a few months if this makes sense

OP posts:
LIZS · 09/05/2017 12:18

Where were you based previously if not this site? If you do have 20 years continuous service then is this a redundancy situation ?

PookieDo · 09/05/2017 12:26

I don't think they will make me redundant as they expect I will just move to a new base in the same job.

I was in another department locally doing something else, saw this job and applied as it was more money and seemed to have more career prospects. I can't go back to the other team as there are no vacancies. If I find a vacancy internally I can try for that, and keep my course but equally it makes me look a bit job hoppy

OP posts:
PookieDo · 09/05/2017 12:26

It's public sector if that makes things clearer!

OP posts:
Ellypoo · 09/05/2017 13:45

We recently relocated our offices, just 8 miles down the road - we were advised that it was potentially a redundancy situation as it depends on what is 'reasonable'. Also, we were advised that although we had a mobility clause in our contracts of employment, because it was so long since we had last moved (over 15 years), it was irrelevant anyway.

I would certainly try to organise a meeting with HR & your line manager's boss (in their absence) and maybe get some external legal advice too.

Dozer · 09/05/2017 14:22

Put your Qs to managers/HR in writing, explain (in writing) that you have been seeking this info for X weeks/months (with details of who you've discussed it with and what was suggested) and that the uncertainty is causing you stress.

JustMumNowNotMe · 09/05/2017 14:34

Could the children just go to a CM before school so you can make the commute? I leave early to avoid the traffic and do my 25 mike journey in half an hour. Same coming home by leaving by 4. Its really not that bad Smile

PookieDo · 09/05/2017 14:36

Thanks Dozer. I put this in an email 2 weeks ago and have had no response. Someone else also mentioned this to a senior manager and brought it to her attention and she gave assurance I would be contacted. And still I haven't. I don't want to make myself look pushy and bolshy. I've tried calling today and had to leave voicemails.
I'm a bit miserable and sorry for myself over it now, I think I have just reached a point of half anger, half not caring and have become quite demotivated in my job role.

OP posts:
Dozer · 09/05/2017 15:38

Not pushy. Email again and say it's been mentioned by X that you might be asked to start work in a new location in X weeks' time, and need to know the position.