Redundancy- does this sound right?

[Jayaywhynot]

Our work site is being closed, this came out of the blue, we were under the impression we were moving to a new building. Currently in 30 day consultation period, I'm based at this site as I live nearby but I'm paid by another of our company sites, a head office. My role has not gone it will be based at head office, I live 100+ miles away. I have not been asked to apply for my role and it was advertised internally as a vacancy, approx 1 week after we went into the consultation period, I was not told about this, I saw the advert. Yesterday, interviews were held at head office and my replacement has been chosen, who incidentally I have to train. My colleague (male) who I share an office with, team of two, different job titles but do the same work, same circumstances, paid by head office, based in our home town, has been given his job, work from home 3 days, travel to head office two days, fuel costs paid. My question is, is this legal, how can I be made redundant when someone is replacing me, can they advertise my role and hire someone during 30 day consultation period (I have a letter stating that my job is at risk not that I'm actually redundant) as for my colleague keeping his job just seems very unfair. Thanks if you got to the end of this

Should add that iv worked there nearly 20 years

It doesn’t sound right to me. But I am no expert - can you talk to ACAS?

Yep you need to speak to ACAS asap

It sounds like they have made a not very joined up. decision based on the fact you live 100+ miles from Head office - ie "you won't want to travel" but then offering the other chap an option to wfh?

While this is all a whirl in your head, try to pause for a minute and think what do you want the end result to be? Do you still want your job with this company - or do you want to have a decent redundancy /compromise agreement and reference to move on with. That might help with how you proceed over they next few days?

Had you told them you couldn't travel? Would a 3 day at home/2 days in the office work for you?

When you saw the advert what did you do- did you speak to your manager?

If you were unaware that your role was being relocated 100 miles away what did you think was happening to it- what were you told?

Could you do the travelling?

Sorry, been a bit under the weather but thanks for all the replies. I was told that my job was at risk, it has been assumed that I wouldn't travel or relocate, iv had a brief 121 with senior manager and hr who asked why I didnt commute to another site 52 miles from home, commute twice a day. I have never been made redundant before so I wasnt sure of the rules but they way it's been handled is shoddy??

Before there do the consultations they already know who they are keeping.

Consultations a farce followed through to avoid legal action.

I'm sorry but they just don't want you.

Just start sorting your CV and think about how best to invest your payout. Don't get a job before the official redundancy but no harm in sorting your CV and looking at what is available on the market.

Alternatively, if you can, set up your own business using your redundancy money.

I am sorry you are going through this. It is not nice.

Good luck.

If in UK look on www.gov.uk for statutory redundancy pay. You may also receive extra on top
Up to 30k is tax free

Update your CV, find out the reference contact details. Start looking for new job
Your company has to allow you time off for interviews

The day after you are made redundant, apply for universal credit via contributions based job seekers allowance. Your redundancy money is not taken into account for a few weeks, the amount of time will be stated in writing

Is your company offering relocation package to your new office ?

Good luck

If the new role is located 100 miles away from your current role, then they might be of the view that 100+ miles travel is unreasonable (it is), hence identified as redundant. Changing the location of a post is considered a significant change and means it can be considered for redundancy.

As you're in a consultation period this is your opportunity to have this discussion - about this role and possible solutions/other roles in the company/redundancy options. They are not really obliged to have the discussion before the consultation and I assume that as you're in 30 day period a number of roles are affected. So nothing illegal but I always find restructure/redundancy situations are best when they are open and transparent.

Also, they cannot recruit until the consultation period if over

What did you do when you saw the advert?

Could you do the travelling as your colleague is, two days a week?

Have they shared the new structure with you? Because if not, how do you know they haven't decided to increase the number of people doing your role?

They could claim that your role is still there, but they added another similar role and that's what they recruited to.

I am not 100% clear on what’s happening.

“Your” role at HO - who’s getting that? Someone who is moving to or already based at HO?

Your colleague - who’s job is he getting - the job of the person getting your job?

If so, I think the person getting “your” role at HO is OK. Redundancy isn’t just always about the job itself going if the job is relocating that can also be a redundancy (things like mobility clauses can fudge that).

If someone you do the same job as is getting the option of being bumped into the other guy’s job but you’re not being offered that I’d want to know how they reached that decision without even speaking to you

I have friends who have been in similar position
Everything was put into writing

1. Date of start working at new location T&Cs related to relocation package Rules under TUPE Or
2. Redundancy with payment, dates, T&C's explained, end date of employment

Ask for everything in writing

Only you can make the decision, NOT them !