Work Question - hope someone can help.

[miss borris-bear]

Hello this is my first post as my boyfriend told me this is where I can find knowledge on everything.

I’m hoping some legal types might be able to tell me where I stand in my current situation?

My company has decided to close the office I currently work in and move about 20 miles away. About 4 months ago we were all asked to sign to say that we’d go to the new premises which I did although I was verbally told there would be a trial period.

The people who didn’t want to go were offered redundancy which they have taken.

We havnt moved yet but due to other circumstances and events I have decided that I do not want to move to the new premises. When I mentioned this I was told that the consultancy period was over and I wouldn’t be paid redundancy.

I want to know where I stand legally has a precedent been set by offering this to others? Discrimination etc?????

Sorry my first post is such a long one I’d just like to be armed with all the facts I can before I have a meeting to discuss it all.

thanks

[superlightr]

A change of work address should be a 'reasonable' distance from the original and then it is 'reasonable' to expect the employee to travel there.

Clearly if you work in London and then they move to Scotland is too far.

eg.
Brighton to Gatwick is about 20 miles and I would think is reasonable to expect an employee to travel that distance with no compensation. If you leave then you are leaving voluntarily. Im surprised some staff were made redundant.

>> Edited by superlightr on Friday 16th September 10:34

[timmy30]

Hmm problem is I think that you have signed that document indicating that you are happy to move rather than take the redundancy. I think your first action would be to appeal to there better nature/ discretion, are you a member of a union by any chance? They may be able to help.

[cotty]

superlightr said:

eg. Brighton to Gatwick is about 20 miles and I would think is reasonable to expect an employee to travel that distance with no compensation. If you leave then you are leaving voluntarily. Im surprised some staff were made redundant.

Its actually written in my new contract (got a new job woo hoo) that they can move me to a different location (withing reason) whenever they like. I think it says compensation will be paid if it means moving house.

[cotty]

timmy30 said:

Hmm problem is I think that you have signed that document indicating that you are happy to move rather than take the redundancy.

FOOT

[bga]

superlightr said:

A change of work address should be a 'reasonable' distance from the original and then it is 'reasonable' to expect the employee to travel there. Clearly if you work in London and then they move to Scotland is too far. eg. Brighton to Gatwick is about 20 miles and I would think is reasonable to expect an employee to travel that distance with no compensation. If you leave then you are leaving voluntarily. Im surprised some staff were made redundant. >> Edited by superlightr on Friday 16th September 10:34

IIRC if it is London it is slightly different. An employee can be reasonably expected to commute in however if there is a move from central London to Watford for example, it is not reasonable to expect staff to commute through the city to the new place of work outside of there.

[AlexH]

miss borris-bear said:

Hello this is my first post as my boyfriend told me this is where I can find knowledge on everything.

Hello! Sorry I can't help with your query, but I love this statement...makes PH sound like the font of all knowledge!

[borris-bear]

well it is isn't it?

[Miss Borris-Bear]

Thanks for all the replies! (We don't sell books btw)

Well, around 4 months ago I signed a change to my T&Cs (about 4 sentences) saying my place of work would now be the new location. However, I was told there will be a trial period so I wasn't too bothered (sadly nothing in writing). Several colleauges at the same grade as myself did not sign and have recently taken redundancy.

After a reasonable trial (as of next week) do I have grounds to say it's not for me? The so called trial seems to have now been forgotten! If it comes to it I guess I'll just resign, but that's not ideal,

I'm not a member of a Trade Union either.

Appreciate the advice - Miss B Bear

[timmy30]

Miss Borris-Bear said:

Thanks for all the replies! (We don't sell books btw) Well, around 4 months ago I signed a change to my T&Cs (about 4 sentences) saying my place of work would now be the new location. However, I was told there will be a trial period so I wasn't too bothered (sadly nothing in writing). Several colleauges at the same grade as myself did not sign and have recently taken redundancy. After a reasonable trial (as of next week) do I have grounds to say it's not for me? The so called trial seems to have now been forgotten! If it comes to it I guess I'll just resign, but that's not ideal, I'm not a member of a Trade Union either. Appreciate the advice - Miss B Bear

You see they have a written piece of paper signed by you saying that you we're happy to work there, whereas the trial period thing is verbal, so it's going to be your word against there's unless you can get some colleagues to also attest to the offer of a trial period.

I'm not a lawyer, but have had some training and I'm afraid to say that my Law lecturer once uttered the immortal phrase "basically chaps if youv'e signed a contract you're buggered". It might still be worth checking with citizens advice etc to see what your options might be?

[Kiwi XTR2]

The law in the UK is no doubt different to that in NZ but here are a few ideas that might help:

When you where asked to sign where you provided with all reasonable information (available to the management at that time) in order to make an informed decision ?

For example did they properly explain why the move was happening, exactly where the new office would be, what transport alternative were available (eg public transport, parking etc), what additional costs you could expect to incur for travel, what the full range of alternatives you have rather than move ?

Did they also advise that you seek advice before signing the document ?

There is a reasonably universal principle of 'contra proferentum' which doesn't exactly fit here but basically means that any ambiguity should be construed against the person making the statement or drafting the contract.

In NZ employment law (and I have no idea whether the same would apply in the UK) as the employer is in a significantly superior position as to the law of contracts, there is a heavy burden on the employer to ensure the staff are adequately informed and have had the benefit of independant advice before obtaining their consent.

Hope that helps?

[superlightr]

Trying to have your cake and eat it!

Appreciate you are asking for views; Why look for compensation/blame for something you have agreed to? (signed in fact)

Let it drop, look for another job if you dont want to work for them anymore.