Redundancy and WFH

[redundancy10]

I didn’t really think about this until now but short version is our entire team have been made redundant, they’re closing our department and moving it to another centre which is hours away
I WFH full time as a reasonable adjustment and have since 2020 but they’ve said they “don’t like home workers and everyone needs to be office based”

is that legal? I have another job to go to but more curious than anything

Most contracts haven’t been amended since Covid started working from home so they’re probably well within their rights.

I used to work in an office and we had a contract that said two days a week in the office and then they changed it and we had to sign a new contract. I left but I think everyone else was made to.

If it’s a reasonable adjustment then no, they can’t just demand that you return to the office.

Is the department/function closing completely or relocating, perhaps some roles? Are there any equivalent roles at new location for redeployment?

What process did you go through to get your wfh agreed as a reasonable adjustment, and what documentation do you have? If you have it in writing that wfh is a reasonable adjustment, then it could be that you have a case to argue that you're exempt from return to office mandates. So the redundancy process would have needed to take that into account.

I know you say you have another job to go to, but I'd consider getting some employment law advice, if you're in a union talk to them, but if not, then your house insurance might provide legal cover. If nothing else you might be able to negotiate a better redundancy package if they have failed to act lawfully in making you redundant, on the basis that you can't return to the office.

Its by no means a dead cert, but your employer could be on dodgy ground if they've dismissed you because of something which is related to a disability, so definitely worth thinking about getting proper advice.

Closing totally, I could go to the other place but it’s not practical for any of us - it’s a near min wage job and moving from (areas changed) Lancaster to Oxford
i can’t move because of commitments

I basically was sent home as shielding during Covid then never returned as I’m immunocompromised
it went through occupational health twice

If the entire department is being closed and everyone is receiving redundancy pay unless they accept the new location, I cannot see there is much you can claim of unfair treatment.

At least get redundancy pay, and good luck with the new job.

We could WFH as I have done for 5 years but the company that took us over about 8 months ago have announced they don’t like WFH

But presumably the work has changed if they are closing a department and relocating rather than targeting individuals.

No, same work
they’ve just decided they want it all located in that centre, it’s call centre work basically

But you said the department is closing. You can be made redundant even if role still exists if the location changes beyond a reasonable distance to commute. Are they reducing headcount and closing the nearest base? Are the local office based employees also being put at risk of redundancy?

Sorry I probably didn’t phrase that right!

its a company that has lots of different brands (I’m trying to keep it somewhat anon)
I work in a call centre on a team for one brand and we also have another team for another brand

they are closing our call centre entirely, setting up a new one and expanding an existing one but both are down south (we are in the north) so we will be replaced by new staff in the south

I think what they want is a giant call centre where people can take calls for brand x, and if it gets busy swap to brand y and so on

the role still exists, but not where I am based. All our team is redundant office based or not including our managers and they’ve done it with all the brands

Forgot to add they’re closing 12 centres altogether (so one for brand x, one for brand y and so on) and going to 2 giant centres

I think you've been lucky you've been allowed to continue with this arrangement given covid isn't even a thing anymore. Given you also have a job to go to what are you hoping to achieve? Are you just trying to get some money?

The way you've described it, the company is completely reconfiguring its call centre approach, brand coverage and location of staff and closing your office, which is exactly what redundancy involves. They have offered staff the option of moving to the new location or taking redundancy. In the new location they are taking the opportunity to ensure employment T&Cs around work location clearly states office-based.

They probably haven't changed your current arrangement because of your RA, however if you were to take up the employment in the new location, you'd probably have to either go back to office work or reapply for the wfh RA. It may not be what you want to hear but if does sound entirely reasonable and above board.

You have had a reasonable adjustment for a disability in place for 5 years.

I presume you have TUPE protection therefore maintain t&cs with the new company. Unless they have a valid reason that the consider your RA to no longer be reasonable.

You have a new job anyway, so none of this matters, but you're wondering if this would be acceptable.

The only way to find out would be to accept their job on the condition that you're still wfh. If they dont agree, claim unfair dismissal.

I have a disability, it’s not being “lucky”

But you've been WFH because of covid? The pandemic is well and truly over. You're no more vulnerable than pre-covid? Unless I've misunderstood something?

It's still in government guidance to WFH if possible if you're immunocompromised.

"If it feels right for you, work from home if you can."
www.gov.uk/government/publications/covid-19-guidance-for-people-whose-immune-system-means-they-are-at-higher-risk/covid-19-guidance-for-people-whose-immune-system-means-they-are-at-higher-risk#:~:text=If%20it%20feels%20right%20for%20you%2C%20work%20from%20home%20if%20you%20can.

its still a risk for me as they aren’t managing to keep my bloods to where they should be and people kept coming sick despite being able to WFH
my immune system is as if I am on chemo at the minute so my consultant recommended WFH after covid because of my bloods dropping and occupational health agreed

What a rude and ignorant post. There are some illnesses and treatments that can leave a person permanently and dangerously immunocompromised. It's got nothing to do with 'covid being over'. This is a disability and not a lifestyle preference.

@redundancy10 I think your employer has misjudged the situation. As it's a recent takeover, do they understand the full facts behind your reasonable adjustments?

i think so - we still have the same managers etc, it’s changed in name and upper managers only. But the takeover is by an American company and they have said they don’t like WFH
we have asked if we could WFH instead of being redundant and they’ve said no they want everyone in the office

it’s just been rough seeing my job advertised I guess (in the new area)

Oh I see, that makes sense. Hope it all works out for you 🙂

I'm probably being a bit thick here, but are they trying to insist you come into your current office to work your notice?

Presumably, you have consultation meetings as part of the redundancy process in which you can ask questions. Can you point out that you're wfh due to reasonable adjustments and say that you'd like to continue on the new contracts with the same adjustments?

Would the new job be identical to the one that you do now, or might there be significant differences? Could you answer questions about all of the other brands if you carried on working from home (with appropriate training provided as required)?

If it's the same job (or very close), and there is evidence that the job can be done equally well from home, then they may be on dodgy ground. However, if they have evidence that the job doesn't work as well from home as it does from the call centres, then they may be able to argue valid business reasons.