Work asking me to relocate whilst I'm pregnant help

[SharonR88]

Hi

I currently work in the midlands we were taken over by a company in wales and was TUPE across my contract states they cannot seek to ask me to relocate for 18 months that will be March next year.

They have now put myself and two of my colleagues in the same department up for redundancy they have advised wither we relocate by January 4th to wales or we're being made redundant.

We have been working from the midlands side successfully for years and right now we're all working from home they have no plans to shut the midlands site.

The reason they gave us was they require the whole team to be together even though what they do is separate to us but I guess they wish to merge it all.

We are able to work remotely they have a flexible policy whereby you can request this. A new manager has come in and he came on the call imposing the change.

They told us Friday and said they will be issuing us letters on coming Monday (tomorrow) we have one week to decide whether we will relocate or not. One week is ridiculous to decide this huge decision and totally unreasonable which I fed back and of course with no response.

I'm really stressed out I go on maternity end of the year. I can't relocate with a newborn we have an older child with ADHD who is settled in school.

Any advise please

I presume that you don't have any mobility clauses in your contract?

Redundancy can still proceed post tupe if the office is closing. I assume that the company is having a reorganisation following tupe.

It sounds legit.

If concerned speak to acas.

Though you'd need to relocate, if on mat leave before Jan 21,this wouldn't impact until January 22,so I'd be inclined to accept Wales for security purposes regardless, after a call with acas.
I would, however, expect to speak with hr before doing so to ask why the flexible working pattern is now being ignored. Do you have a copy of the policy? download it first. Though probably mentions needs of the business in it.

@SoloMummy

I presume that you don't have any mobility clauses in your contract?

Redundancy can still proceed post tupe if the office is closing. I assume that the company is having a reorganisation following tupe.

It sounds legit.

If concerned speak to acas.

Though you'd need to relocate, if on mat leave before Jan 21,this wouldn't impact until January 22,so I'd be inclined to accept Wales for security purposes regardless, after a call with acas.
I would, however, expect to speak with hr before doing so to ask why the flexible working pattern is now being ignored. Do you have a copy of the policy? download it first. Though probably mentions needs of the business in it.

That's the thing they are not closing the midlands site down I would understand if they were and need me to relocate.

But my TUPE clause in my contract clearly states for 18 months they are not able to seek for me to relocate which would be March next year.

Surely asking me to relocate whilst I'm pregnant is unreasonable.

I will be speaking to Acas tomorrow hopefully they can help.

They already have people within the same department I work in down in wales that work from hole or on reduced days etc...

They haven't really given any good reason as to why they think the job will function better from Wales.

Currently due to the pandemic everyone is working from home and will be for the rest of the year therefore we have already demonstrated we are able to work remote for the past 6 months.

I wouldn't accept the relocation unless you actually intend to go through with it - if you then refuse to move you won't get redundancy pay, as you accepted the term. They've said you would need to relocate BY 4th January, and that means that realistically you'd need to relocate by Christmas. It's going to be very obvious that you aren't doing so, and by that time your redundancy is gone anyway as you said you'd relocate, so all that is left is for you to resign.

That said, I do agree that even if the clause to not relocate staff was legally enforceable at the time of the TUPE - and I'm not sure it would have been - the last six months has been a deal breaker for lots of things. Organisational change is one of the accepted reasons for changes even under TUPE, and whilst it's perfectly logical to point out that you are able to work from home in another location, is also up to the employer whether they are willing to accept that, and it seems that isn't an option they wish to consider.

I do agree that a week is a very short time to ask people to make a decision in. But unfortunately, legally there is no requirement for them to give you longer. This isn't a redundancy situation - it's "pre-redundancy" as they will only be beginning redundancy processes if you say you won't be moving.

You might be able to play for time by trying to debate the contract term about not being required to relocate, and by suggesting you might take legal action to enforce it (although I suspect that would be a waste of money and effort, they may not know that). But I'm not sure what that would accomplish. Possibly they might be willing to up the b redundancy settlement. But that probably a very best case scenario. They've obviously made up their minds about the future location of the team, and that wouldn't appear to be up for discussion.

They haven't really given any good reason as to why they think the job will function better from Wales.

Just to add - they don't have to. People seem to get caught up in "my employer hasn't got a good reason" and it's a distraction. Within the law (and that isn't a very high bar), an employer can do whatever they want and they don't need a reason!

You're going on maternity leave though, so you need to weigh up value of maternity allowance plus redundancy which means no benefits OR stay employed with smp and get benefits, accrue annual leave and resign before you return from annual leave.

Remember the employer doesn't have to justify the decision why the move is appropriate if they deem it meets their business needs.
What you can ask/expect is to be considered for other roles though.

@SharonR88
What happened with the Acas call?
What did you decide to do?

[quote SoloMummy]@SharonR88
What happened with the Acas call?
What did you decide to do?[/quote]
Hiya today I received a call from HR advising they are removing me from this process due to legal reasons as I am pregnant and will review after my maternity leave.

Have a feeling they will just make me redundant whilst I'm on maternity leave.

That's unlikely - I would expect them to do it when you return from maternity leave. Given they are being overly cautious at this stage (there is no reason to remove you from the process due to your pregnancy) then they are not likely to go for the more risky strategy of making someone redundant during their maternity leave. I'd expect the redundancy to land the day you are due back from maternity leave.

I would ask the employer if they are offering a relocation package or expenses