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Original poster

Can work close regional office whilst I'm on mat leave?

61 replies

SecretSquirrelTV · 26/07/2017 20:52

Help!
I have worked for my employer for 10 years and am 6 weeks away from having first child. And 2 weeks away from finishing work.

Work recruited for my role and opted for a permanent employee rather than fixed term contract. The intention being this person can cover my role but also do a bit of learning in a couple of different business areas so they can do a number of roles/as business expands, as well as assist me when I return from mat leave in a year. Which was verbally agreed by my line manager on the basis of 4 days a week.
This person wouldn't be working from my current regional office but our main office.

Fast forward a few months and it seems there are plans to close the regional office I work in at the moment and centralise to the main office (a 1 hour 20 min commute by train, plus driving, each way). This plan coincides with when I go off on mat leave (or within a month or so). This affects a handful of others who are predominantly sales people and who hot desk in the main.

I'm not supposed to know about the plans and I think this is why they hired a perm replacement for me, and not due to expansion etc like they said. I am currently training the person! I think they wanted them in situ & trained up as they must know I can't/won't commit to working so far away from home, when I come back.

So this leaves my head spinning in that I am about to go on mat leave (we only get stat) but expect that I will have to come back to a job well over an hour each way away from where I live.
Which leaves me with worries about childcare & work life balance etc.
What if I get a call from nursery to say I've got a sick child etc, husband is a regional manager so away from home city often.
I also mentioned to my line manager/a director about getting conf of the 4 day return in writing and he said 'yeah but you should add 'subject to board approval' on the email just so it doesn't look like I've just agreed it' even though there was no mention of this when we spoke.
After 10 year I can't believe they would treat me like this!

Can they do this?
Will I have to work back my maternity if I didn't want to work in main office upon return?
Can I apply for redundancy or something in this instance, if they are not offering me same working conditions I left with?

Any help would be appreciated.

Thanks x

OP posts:
Trills · 27/07/2017 08:17

My contracts says that my regular place of work can be changed by up to 50 miles.

If it is changed by this much, I can choose to leave or suck it up.

If it changed by more than this, I believe I would be offered money in some form (relocation money or redundancy money, depending on whether I chose to stay).

Do you have anything like this written in your contract?

Bluntness100 · 27/07/2017 08:21

Op, it's not about your commute and where you live. It's based on the distance between the two offices. Is it a reasonable distance between the old location and new location. The answer in this case seems to be yes.

If it was between London and Birmingham for example, they would have to make you redundant or relocate you, but in this short distance it seems easonable.

What's the exact miles between the two offices?

2014newme · 27/07/2017 08:23

Our contracts say wean ne relocated 15 miles away. Your relocation doesn't sound reasonable so redundancy would apply.

2014newme · 27/07/2017 08:25

It would be your contract that would state what a reasonable distance is. If it just says reasonable then you can argue it's not reasonable and they need to make you redundant. They can argue otherwise.

MaverickSnoopy · 27/07/2017 08:27

OP this link might help you www.gov.uk/employer-relocation-your-rights

MaverickSnoopy · 27/07/2017 08:27

OP this link might help you www.gov.uk/employer-relocation-your-rights

Original poster
SecretSquirrelTV · 27/07/2017 08:30

42 miles, 2 hours min each way in a car though or likely 3.5 hours door to door on a train.

By who's standards does it need to be 'reasonable' though!?

It seems reasonable to you from your tone and yet it's not reasonable to me- so who decides what's reasonable?

OP posts:
Original poster
SecretSquirrelTV · 27/07/2017 08:31

Thanks again MaverickSnoopy and thanks 2014newme.
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OP posts:
Loopytiles · 27/07/2017 08:37

It's very sad and worrying for you but what they're doing - both the relocation and not formally approving your request to work PT at this time - is fine with regards to the law.

Your H travelling for work might need to change if you are to WoH for another employer after maternity leave, so he can share parenting responsibilities for the days DC is sick etc (my DC1 had almost six weeks sickness in first 18 months at nursery). Or you need a good back up plan. Employers will take a dim view if it all falls to you.

Loopytiles · 27/07/2017 08:37

ACAS can provide info.

trixymalixy · 27/07/2017 08:38

This happened to me. The office was relocated just as I went on maternity leave. I ended up leaving.

It doesn't sound like an unreasonable commute and particularly as you did it for a period of time then I don't think you can argue it's unreasonable sorry.

2014newme · 27/07/2017 08:44

I think it does sound unreasonable. you need to speak to acas and possibly a solicitor I would get on this ASAP don't wait for them to write to you.

MaverickSnoopy · 27/07/2017 08:45

First of all check your contract. If it has a relocation clause and specifies distance then that is what is considered reasonable.

If it doesn't then it's open to perception of what is reasonable but it's based on the commute between the two offices and not your home. When I say perception of what is reasonable that may not be the best description of what I mean but as far as I am aware there is no set legal distance. There may be case studies that you can look up online. Acas will be able to offer more guidance too.

xyzandabc · 27/07/2017 08:48

Maybe think of it this way, being on maternity leave is actually working in your favour.

If this move is happening in the next couple of months, If you weren't going on maternity leave, you'd only have a month or two to decide what to do and look for a new job.

As you'll be on mat leave, you are getting 6/9/12 months to decide what to do and look for new roles and they'll be paying you during that time too!

MaverickSnoopy · 27/07/2017 08:51

FWIW if I had to drop my child off at nursery at 7 am and then not get back until 630 pm I would not consider it reasonable. But perhaps many do. Why don't you check out nursery opening hours in your area. All of the nurseries in our area (which is huge) open 7:30 - 6. If your childcare doesn't accommodate your commute then it may not be reasonable....however I would expect you'd be expected to look at alternatives.

HotelEuphoria · 27/07/2017 09:01

What job do you do? 35k is a good salary depending upon what you do but SMP seems rather tight as a benefit on a 35k salary to me.

Just thinking about your employability on a similar salary nearer to home.

My office closed when I was on maternity 23 years ago and like you I was deeply stressed about how I would manage child care and working hours etc etc and I came back full time. Ok so my commute was probably an extra hour a day and some days I would make it to nursery or work by he skin of my teeth but I managed, for many many years. I actually had to finish my maternity leave early to make sure I got the new role I wanted in the new office rather than ending up with something awful.

Like others have said, you have a year to work out you care plan, propose hours to employer, sort out emergency back up etc.

I feel for you.

LaurieFairyCake · 27/07/2017 09:05

Can't you move closer to the main office while you're off on maternity?

Would it impact dhs job, is it closer or further away for him?

Bluntness100 · 27/07/2017 09:18

What does your contract say? Yes reasonable is subjective if your contract doesn't speak to it. However then you're looking at a court case, you won't stop them relocating but you could argue it wasn't reasonable and you should have got redundancy. At 42 miles I think it's unlikely you would win, I'm really sorry, but if you did you'd get stat redundancy pay and your costs (probably).

Yes, I've been involved in an office relocation and yes 42 miles would have been considered very reasonable. But I genuinely understand your issue, just trying to be factual.

Have a look at your contract and see if it speaks to it.

Bluntness100 · 27/07/2017 09:24

Also, if they are half way decent they may also think it's unreasonable and offer you redundancy. However I think as you have done it for three years previously I think it's hard to argue.

MaverickSnoopy · 27/07/2017 09:32

Is it though? The OP wasn't doing it daily and her commitments weren't the same so it's not comparative and in my opinion not custom and practice per se.

I read that things like childcare responsibilities can be included when deciding whether it is reasonable.

Wanderingbluebell · 27/07/2017 10:36

This happened to me when on ML. I was offered a new (pretty much same) role in the new location, or the option of redundancy. The move was to London from about 90 miles away. I chose not to take the job as nursery hours didn't cover the additional commute.

Wanderingbluebell · 27/07/2017 10:39

Sorry hadn't seen the 42 miles bit.

WotsitWig · 27/07/2017 18:23

I hear you, OP. This happened to me. I was six months pregnant when my office moved. My daily commute changed from a half-hour round trip in the car to a three-hour round trip on public transport. I am on maternity leave and I don't think I will be able to return to my job due to the distance of the office.

Good luck with whatever you decide to do Smile

Bluntness100 · 27/07/2017 18:29

I read that things like childcare responsibilities can be included when deciding whether it is reasonable

Sure, but she can't stop them closing rhe office, all she would be fighting for, via a court, is statutory redundancy, in this instance a max of ten weeks pay, if they don't offer it anyway, which they may do anyway.

Original poster
SecretSquirrelTV · 27/07/2017 19:09

Hi bluntness, I'm not actually trying to stop them closing the regional office! Just seeing where my rights are, if I have any special circs etc.

Thanks everyone, I have been out of the office for a couple of days so am going to review the wordings in my contract tomorrow and see where I stand.

You've been in the main really helpful and informative.
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