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Original poster

No redundancy after nearly 40 years at job

127 replies

Blueorredpill · 14/06/2018 08:07

My ex’s department is being moved to somewhere over 20 miles away and because he can apply for a job there, they say he will not be entitled to redundancy. He doesn’t want the extra travel time added on to his day as won’t see his children as much and they don’t pay him enough to cover the extra costs. Understandably he’s in a right state and has been signed off work. I believe he’s had legal advice and seen CAB. Any ideas? TIA

OP posts:
Bluntness100 · 15/06/2018 16:16

I don't really understand why folks are saying "I would expect travel costs to be paid"

It doesn't matter what "you" expect, the bottom line is the company isn't paying them and when my company amalgamated offices we didn't either for those with 20 miles difference.

I'd also point out the whole department is moving. The rules have been made clear to this gent. His contract enforced. The company has been clear. He has sought legal advice already. I don't know if others have went off sick because of it, or are complaining, but if so they could join together.

If not he should be careful. With forty years at the bottom, he could be perceived as dispensable, dependant on role or performance. Saying "you would expect" is not helpful. It's not paid. End of.

Allergictoironing · 15/06/2018 16:55

I once accepted a job offer a little under 10 miles (driving) from my home. Just after I started I was told the location had moved to the far side of London, so additional travel time of around an hour each way & additional costs in the region of £4k a year. No chance of any increase of salary to compensate, it was a case of suck it up or move on.

IJustHadToNameChange · 15/06/2018 17:01

Sorry, but a 40 minute commute is not unreasonable.

At no point does my employer have to pay for me to come to work.

I spend 90 minutes minimum travelling 6.5 miles by bus.

BrownTurkey · 15/06/2018 17:01

Could he try to negotiate some working from home? Its understandable he is a bit wobbly about it after such a long time in the job without change, but in my experience these organisations will push through relocations even at the cost of losing people to other jobs. If his contract states it (mine does, probably most modern ones do) then he goes with them or resigns.

kingseat2016 · 16/06/2018 08:18

I have to agree the change doesn’t start redundancy selection and nor is it far.

Plenty of people travel for work and much longer than 20 miles. My DH doesn’t see much of our kids during the working week. It’s just life.

0nthem0veagain · 16/06/2018 11:05

Have ACAS or another union or citizens advice been contacted to seek advice ?

Iamagreyhoundhearmeroar · 16/06/2018 11:49

Op had already said he’s sought legal advice. I image if he’d been told he has a case she wouldn’t still be clutching at straws and saying “but there wouldn’t be a problem with him just staying where he is”, as if that was ever going to be for him to decide...

Figgygal · 16/06/2018 11:56

Have you sought advice? 20 miles with a mobility clause I think you're on to a loser personally

He could resign and claim constructive dismissal but again seems unlikely

It's not for you to decide whether the job. Can stay where it is or not The business has the right to reorganise itself in this way

daisychain01 · 16/06/2018 12:14

He could resign and claim constructive dismissal but again seems unlikely

No, just no to CD - on what basis?

BoneyBackJefferson · 16/06/2018 12:33

As far as I can see the role isn't being made redundant it is being moved to a different site and the OP's DH is being offered the chance to go with it.

Iamagreyhoundhearmeroar · 16/06/2018 13:00

There is no case for constructive dismissal here. None at all.

IJustHadToNameChange · 16/06/2018 13:15

There is no case for constructive dismissal.

The role is not being made redundant.

The moving of an entire department is entirely normal and often happens.

The commute length and distance are not unresonable.

The employer is under no obligation to pay travel costs, although some employers pay interest free loans for transport season tickets, payments for which are deducted from pay at source.

In short, OP, your Ex can't claim redundancy and has to choose between "suck it up, Buttercup", resigning without a job to go to (benefits are affected) or finding a job before leaving.

Length of service means fuck all in this day and age.

Employers effectively treat loyalty as a one way street.

0nthem0veagain · 16/06/2018 14:08

I know some people who had their jobs moved 150+ miles away. They were offered job or redundancy, all terms and conditions were in writing. Perhaps it depends what each individual company offers to their staff.

AlexaAmbidextra · 16/06/2018 19:08

Onthem. There’s a considerable difference between a job move of 20 miles and one of 150+ miles. The two aren’t remotely comparable.

BoneyBackJefferson · 16/06/2018 20:12

AlexaAmbidextra
The two aren’t remotely comparable.

Except for the legalities of the situation

stripe8 · 16/06/2018 20:13

I have a 40 minute drive and I don't think that's unreasonable at all, it's heaven compared to the 1 and half hour commute I once had via train

Iamagreyhoundhearmeroar · 16/06/2018 20:31

What legalities, Boney?

Figgygal · 16/06/2018 21:38

On rereading my post it looks like suggesting him trying for constructive dismissal my suggestion that that was an option but waste of time clearly wasn't clear enough

I can't see he's got any claim in the circumstances

AlexaAmbidextra · 16/06/2018 23:18

Boney. Well as for the legalities, presumably the 150+ mile move would qualify workers for redundancy and the 20 mile move wouldn’t.

BoneyBackJefferson · 16/06/2018 23:39

AlexaAmbidextra

Actually it doesn't.
I know as I have been there. If the job title hasn't been change and the job stays the same and it is offered to the person then the choice to leave the job is in the hands of the person that holds the job.

The person is not being made redundant, the job is being moved. Legally it doesn't matter if its 20 miles or 200 miles.

BubblesBuddy · 17/06/2018 07:29

I think some employers, out of goodwill, would offer some financial help towards travel in this case. He has had no travel costs at all until now so I would at least ask! I know mobility clauses override this but if you are on a lowish wage, it can be quite a big impact.

Figgygal · 17/06/2018 07:54

My husbands job moved almost 20 miles last year after minimal consultation which he initiated as they are a small company and were just doing it on goodwill until they realised there wasn't any of this subject

They did offer salary increase to account for travel costs but the reality is it didn't cover them and more so now that petrol has increased. It's a bugger but options are stay and put up or find job elsewhere which he can't do due to the flexibility he has with school drop offs and pick ups ......breeds a lot of resentment and if he could move he would

flowery · 17/06/2018 08:16

”If the job title hasn't been change and the job stays the same and it is offered to the person then the choice to leave the job is in the hands of the person that holds the job.

The person is not being made redundant, the job is being moved. Legally it doesn't matter if its 20 miles or 200 miles.”

No. The definition of redundancy is that “the need for employees to carry out work of a particular kind in the place where the employee was employed by the employer, have ceased or diminished or are expected to cease or diminish."

There would absolutely be a difference between a relocation which added 30 minutes on to a commute and a relocation which required the person to move house!

thethoughtfox · 17/06/2018 08:26

40 minutes is a normal commute

BeyondThePage · 17/06/2018 08:39

40 min may be a normal commute - but people often choose jobs based on what they can handle.

my job is 10 min walk also - I do not own a car (not everyone does, not everyone is deemed "fit" to drive) so moving to a 40 min drive would be bloomin' annoying to me too and would depend on the availability and easiness of public transport - I certainly would never choose to work in a place with that sort of commute.

(I have in the past when young and fit, but not now)