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Can an employer change the location of the job from what the job was advertised as?

17 replies

makingmiracles · 25/09/2019 16:42

So I applied for job, got the job and am still in the process of pre employment checks, dbs etc, the job I applied for is in the next town and I’d be doing three night shifts a week. Next town is 2 miles away from home, where kids go to go and little one goes to nursery and is a big reason why I applied for this particular job.

The job should of started this month, but building is not finished and service users are in another location living for the time being, 20 miles away.
The manager is insistent I start at the temp location once checks are all back and I’ve told her this doesn’t work for me due to childcare, partners start time etc but she was adamant others from my location work nights there and that they get back within 20 mins etc.

Now I know this other town well as my older child went to school there and the main rd there is the route to the motorway and also a big nuclear building project and the rd can get crazy with morning commuters and there are accidents on the rd frequently.
I’m too worried about not being back on time for partner to get to work and also driving 20 miles after a night shift.

The woman Is very persuasive and argued each of my concerns but ultimately wouldn’t say if the job was still on offer if I refused to commute to the temp location.

Are employers allowed to advertise a job in a specific location, then change the location once job offered? I haven’t signed a contract yet.

OP posts:
Bluntness100 · 25/09/2019 16:47

Yes especially as you haven't signed a contract. They didn't deliberately mislead. Their request is reasonable. I suspect if you refuse there will be no contract to sign I'm sorry.

CreatedBySombra · 25/09/2019 16:53

Yes. Even with a contract, 20 miles is within the realms of a reasonable relocation for a place of work.

Your choice is to handle the change of location or find a new job. Sorry if that sounds harsh but it's pretty standard practice.

ChicCroissant · 25/09/2019 16:58

Yes, the terms and conditions will often say something about may be at other locations.

How long until the (much nearer!) building is completed, do you know how far behind schedule they are? A few weeks or will it be months?

I used to commute 20 miles each way to work and it's not great in traffic but if it is quiet on the roads it is easier.

Bouffalant · 25/09/2019 17:22

Yep, my company did this.

makingmiracles · 25/09/2019 17:47

Ah ok then, seems like changing the goalposts to me but sounds like it’s pretty standard then. Will be declining the job then and they can contact me if I’m needed whenever new place is open!

OP posts:
makingmiracles · 25/09/2019 17:50

Chic, no idea when, they had said Oct in interview but who knows! I don’t mind a commute- I did 240miles a day when at uni, just this commute does not fit with current circumstances and is too inconvenient!

OP posts:
OtraCosaMariposa · 25/09/2019 17:51

seems like changing the goalposts to me

Eh? The building is not finished. You cannot start work in an unfinished building. That is obvious.

So they are saying you can start elsewhere, on a temporary basis while they finish the building work. You can refuse. They can withdraw their offer. The alternative would be keeping you on hold - unpaid - until they have finished building.

ClownsandCowboys · 25/09/2019 17:52

You may not have signed a contract, but you are in a contract and we're from the moment you verbally said yes. There is no legal requirement for a written contract or a signature.

If you pull out now you could be sued for breach of contract, and certainly they would be unlikely to offer you a job in future.

makingmiracles · 25/09/2019 17:57

OTra, the job was advertised as “specific role” at “new unfinished building” , (obviously named building in ad) no mention of working elsewhere. I told them I was happy to wait till building finished, I’m in no desperate rush to start!

OP posts:
ClownsandCowboys · 25/09/2019 17:59

It if the terms and conditions say they can direct you to work elsewhere, then they can.

SheChoseDown · 25/09/2019 18:25

240 mile commute?! Did you live in London and commute to Manchester uni? Jeeeeez

makingmiracles · 25/09/2019 18:47

SHechoose lol no, to be exact the commute was 120miles, 240 round trip! IT was not my first choice uni but very hard course to get place on!

OP posts:
hatgirl · 25/09/2019 18:48

If this is care work then it's highly likely you will be asked to cover at other places at short notice on a regular basis. It's the nature of the job and everyone is short staffed.

Also if it's imperative that you are able to leave on the dot once your hours are finished then it's probably also not the right job for you. As above if you are on the night shift and the morning shift doesn't turn up because sick/quit etc then you just have to stay until someone else can be arranged.

makingmiracles · 25/09/2019 18:53

Hat girl with all due respect that’s not been my experience in the past and yes it is. I know there’s possibility of not finishing on the dot but that’s why I applied for the house that was advertised, ifthat happens I’ve got leeway as im near home anyway.

OP posts:
flowery · 25/09/2019 19:18

Of course they are 'allowed' to do that. If the building isn't finished it isn't finished, these things happen. It's a temporary situation beyond their control.

If you would rather walk away from the job than commute a bit further on a temporary basis, that's obviously your decision, and I don't think you'd be vulnerable to a breach of contract claim against you in these circumstances. But they are 'allowed' to do it.

Countrylifeornot · 25/09/2019 19:38

OP if it's care work and they think you'll be good, they are not going to not give you the job. Good carers are like absolute hens teeth, especially those willing to do permanent nights.
Just tell the boss you are very much looking forward to starting work in the new building when it's ready, but until then you aren't able to work at the other location.
I would bet my bottom dollar it won't be a problem.

hatgirl · 25/09/2019 19:39

How far in the past? Because it's definitely been the case in most residential/ supported living type care in recent years in the area I work in due to difficulties recruiting care staff meaning that care companies are constantly having to shift people around to fill the gaps.

I don't disagree it used to be the case that you would work in a house and that would be your place of employment and your service users but it's just not like that now.

Either way it's obviously standard practice with this company so if that doesn't suit you I'm sure something else more suitable will come up in that line of work.

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