No contract. Shop closing. Rights?

[Tarquinthecat]

I'm asking this on behalf of a friend.

Employer has one main shop that he runs, and one other small shop 20 miles away, which he employs my friend to run on his own. It's ony open 6 hrs a day, five days, and he lives close by.

He has worked there for 10 years but the employer has never given him a contract.

Now they are closing his little shop, which technically makes him redundant and he has worked out that they owe him £4,000 redundancy money.

However, they are saying he must instead work in the main shop. If not then he has to resign and they won't have to pay him any redundancy money.

He can't work in the main shop because although it's only 20 miles the roads are so congested that the drive would take him well over 2 hours a day, and he is the carer for his elderly parents. He can leave them daily for 6 hrs because he is only 5 minutes away and could be called home quickly in an emergency. If he had to commute he wold be absent for about 9 hours, and would be an hour away - not good if one of them had a fall etc.

Neither of us has a clue about the law.

1. Can they make him move to the other branch or forfeit his £4k?

1. Does it matter that they have never given him a formal written contract? Does it change his legal rights re: redundancy?

1. Should he perhaps do a deal, asking for £2k as a compromise?

Thanking you in advance.

www.citizensadvice.org.uk/work/leaving-a-job/redundancy/your-employer-offers-you-another-job/

Hopefully Seine really clued up will come along but I found this.

www.acas.org.uk/

Suggest ringing ACAS. Good luck.

Your friends contract doesn't have a mobility clause, because he doesn't have a contract so I'd say he can refuse to change location. Obviously check that with a professional though.

1. Can they make him move to the other branch or forfeit his £4k?

1. Does it matter that they have never given him a formal written contract? Does it change his legal rights re: redundancy?

1. Should he perhaps do a deal, asking for £2k as a compromise?

Very tricky and he needs professional advice. A contract is created when you’re paid for this long - but it doesn’t have any terms because your friend has never agreed them.

www.citizensadvice.org.uk/work/rights-at-work/basic-rights-and-contracts/contracts-of-employment/

In most contracts and redundancy situations there would be a clause about offering alternative employment (which they’ve done) and requiring him to work in different locations (which they’re asking). If he refuses any of his personal reasons aren’t valid - he’s just refusing the alternative employment and therefore resigning. He’s not ‘redundant’ because his position exists for him, just in a different location.

Get advice from Citizen’s Advice.

Thank you all very much. I have passed on your responses.