Friend's cleaning job is moving

[CrinklyCraggy]

Friend has worked as a school cleaner for a decade or more, very close to home.

A new (special) school has been built about 5 miles away and all the staff are to move enbloc.

This has been planned for years and staff have been kept informed, but the formal "consultation" has only happened this week. They're due to move at Easter.

Most staff are apparently pleased, it doesn't make much difference to their travel and the new buildings will be a far better working environment.

However for my friend, working 2 hours per day for just above NMW, having to drive 5 miles rather than walk to work does make a difference

Does she have any alternative than to accept it or resign?

When we moved offices those who had a further commute were reimbursed for those extra miles. For 3 years. She could ask about that.

State?

If so she will have to suck up

If private, discretionary

They have offered mileage for the first term

She could try to negotiate for a travel allowance as part of her wages.

It's a redundancy situation. It's the exact definition of redundancy in the Employment Rights Act.

The new jobs are alternatives and the employer will be attempting to maintain that they are suitable alternatives, but they are not for your friend. Suit alt is down to the individual, not what the company or other employees decide.

She should hold her ground on this and get made redundant. But I guess that's not much consolation as I doubt she'd get very much.

She cannot insist the jobs stay where they are. She could ask for help with travel cost, but they don't have to agree.

The issue will come if the employer insists it's a suit alt, and she says it isn't, she will be out of a job with no money and only the tribunal can decide who was right.

It might be worth her asking Acas to speak to the employer.

I would not go so far as to say it is the exact definition of redundancy. The job has moved five miles, many employers would retain a little bit of flexibility on location as businesses sometimes will have to change premises. She should check her contract to see what it says on location.

Here is the statute. Employment Rights Act 1996.

Literally says "has ceased to carry on the business in the place the employee was employed". It does NOT go on to say "unless it's only five miles" or "but flexibility is expected". That all depends on the circumstances.

Statute overrides contract. Flexibility only works where it is reasonable. It's not reasonable in the circumstances described.

www.legislation.gov.uk/ukpga/1996/18/part/XI