Advice wanted re asking for redundancy - my company has relocated and its unlikely I'll go with them. Thank you!

[zoejeanne]

Hi, I have a feeling this is going to be quite an epic post ? but I will start by keeping it brief (for your sanity). If anyone has been in a similar situation at work, I?d be grateful for your comments on how you dealt with this.

I?m currently on maternity leave (due back in December) and whilst I?ve been off my company have relocated. As it is now quite a considerable distance (2 hour commute each way), I feel that I am unlikely to go back and will probably look for something else locally. My question is, how do I go about this with work? To try to get it straight in my head, I?ve drafted a list of what I think are my options. If you?ve been through this, which option did you take, or did you do something different and if so, what? Thank you for your advice

1 ?ask for redundancy. The package is basic (one weeks pay per year of employment), I started in November 2006, so currently have been employed just over 2.5 years, but by the time I go back it will be 3 years. Will I be eligible for 3 weeks pay? And if so, do I ask for it after the ?anniversary? of my start date? And with redundancy, will I get paid for my accrued holiday?

2 ? hand my notice in 3 months before I go back. I am on a 3 month notice period.

3 ? I have been offered a 4 week trial, which I initially accepted but now having second thoughts about. It is not clear if I decide that the new location is not for me I just don?t go back at the end of the 4 weeks, or if I then have to work my notice, so I need to clarify this. However I have accrued more than 4 weeks holiday, so could accept the trial and then take it all as holiday.

If you were my manager, which would you prefer? And if you were me, which would leave me with the best deal? (because at the end of the day, it is all about money, isn?t it)

On another note, I haven?t put a formal request for flexible working in but have discussed working from home part of the week with my manager, which would make it possible for me to stay working for this company. However her boss has refused this. I know that it is my right to ask for flexible working and although the company can decline, they have to provide a business reason for doing so. Although I know the outcome already, should I still put in a formal request to work from home and demand a business reason for the answer, before going through the above - or is this just annoying, when its unlikely that I?ll return anyway.

Thank you for your help

It shouldn't really be for you to try and work out what your options are, your employer should be making it clear to you what options (if any) are available to you.

As they are mentioning a 4 week trial period I am guessing this is of a job in the new location in order for you to decide whether it is suitable. Have they not told you what the alternative is if it is not suitable? They should have outlined what your redundancy pay would be, what the effect date of termination would be and made it clear what will happen if you do the trial and the job is not suitable.

If you are made redundant, you will get a week's pay for every complete year worked, so whether you get 2 or 3 weeks pay will depend on the termination date. If you are redundant it's unlikely your employer will allow you to decide on the termination date.

Yes you will get paid for any holiday accrued up to the termination date.

Whether you put in a flexible working request is up to you. It doesn't sound likely you'd get it, but putting it in a formal request will enable you to demonstrate the benefits to the business properly and will force them to consider it properly and give proper business reasons for refusal.

I think you need to have a look through this section of directgov all about redundancy, including consultations, pay, notice and other issues so you are fully informed about what your employer should be doing in terms of information they should be giving you, including here all about new jobs including suitable alternatives and trial periods.

reporting in as requested zj

flowerybeanbag is right- they should be the ones giving you options. try raising it with boss/hr whoever is running the show. Ask what will happen if the trial doesn't work out. If they say that it will be redundancy then ask for the fact that the 4 weeks is a trial to be put in writing. You want it to be crystal clear that you are not agreeing to work there permanently, just giving it a go.
If you are not averse to the idea of redundancy then you could mention it informally (perhaps by saying that you really are not sure if the new job is going to work for you) They may be happy to say scrap the trial and just give you redundancy.
You will get your accrued holiday and may get full pay for your notice period even if you are on mat leave. (there are complicated rules that decide that but we can deal with that if/when it happens)
Flexible working- I'd be weighing up the benefits of making an application (trying every option to stay there) with the negatives (longwinded process, no guarantees) before ruling it out.

Really though I think you need to speak to work and see what they are thinking of. If the trial period doesn't work would they do redundancy or would they be arguing that what they have offered is a reasonable alternantive. Once you know that you will be in a better position to make a decision on everything else.

If you want more info (either now or further down the line) then just give me a shout on Dec 08- I read most days. Can give you my email if you'd prefer to discuss off line.

oh, so the OP is reading this then...?

Flowery and spiggy - thank you both for your advice. Flowery - I had a look on directgov as you suggested and found it really useful.

Since I first posted this I found out that my boss has left (a colleague how has also left let me know - so much for all the promises to keep me informed of developments when I went on ML!), so I think that I will put a flexible working application as it was her boss who put a stop to the idea in the first place. I didn't want to cause hassle for my boss when the decision had come from over her head, but now I'm feeling a little less generous. Knowing that they will refuse this, I assume they will then have to agree to making me redudant? Which would be a better option for me than handing in my notice.

Making thanks to you both for your help

The problem is that they don't have to make you redundant- they can potentially argue that the job they have offered you- 2hr commute and all is suitable alternative work and refuse to pay any redundancy. If they decided to do that and you disagreed then you would have to take it to a Tribunal to get a decision.

Put the flex working application in but also ask what would happen if the trial not a success- then you'll have an idea if you are likely to have a fight on or not.

Good Luck