Is a relocation to a different city a redundancy?
The assignment of a new work place location can place a burden on an employee in the form of time, cost or even where that employee can live. In circumstances where an employee is worse off due to a relocation that employee may be entitled to claim a redundancy entitlement.
Can my employer change the location of my work?
Your contract of employment sets out your working hours and place of work. An employer cannot change these terms without your express consent. However, there may be a mobility clause in your contract which requires you to move branches at your employer’s discretion.
Can I claim redundancy if my job changes?
Your employer can offer you an alternative job in any way, but unless they follow the rules you can refuse it and get your redundancy pay instead. Your employer has to: offer you the new job in writing or orally. make the offer before your current job ends.
Can a company make you transfer to another location?
That’s a common question: Can you force or require an employee to relocate? The answer is almost always no. It can’t be required. Therefore,an employer needs to present the relocation as if it is the employee’s (only)option to remain employed by the company.
Can employees refuse to relocate?
No. Your employer can’t make you to move to a new office if it increases your commute time by a substantial amount, or forces you to uproot yourself or your family. Much like a cut in pay or change in work duties, relocation is a change to the terms of employment agreed upon by you and the company.
How much notice does an employer have to give to change your shift?
Organisation is key. It seems as though seven days is a commonly-accepted minimum notice period that employers should give their employees when it comes to shift schedules and shift changes. While this isn’t always possible, it is possible to minimise errors and reduce last minute changes.
Can I refuse a job change?
However, in short, an employee can refuse to accept a change or variation in their contract’s terms and conditions. The employee could also ask for a trial period, so they can work under their new terms and decide whether or not they are prepared to accept them.
Can I refuse to work in a different location?
What Can an Employee Do? An employee can refuse to relocate if the request is unreasonable. Furthermore, if an employer fails to take into account the impact the relocation will have on the employee, their actions may amount to a breach of trust and confidence.
Can my employer force me to change my shift?
The first point to make is that an employer cannot force someone to change shift patterns. The member of staff may win in the short-term; but in the medium to long-term, the employer may prove difficult over other issues such as granting time off.
What are my rights if my employer relocates?
Do employers have relocation rights? Moving location often focuses on the employee. For example, you have the right to force a move if the employee has a mobility clause in their contract. You also have the right to make employees redundant if the move isn’t reasonable, or if the employee refuses a reasonable request.
How far can a company move before offering redundancy?
One of the reasons there is no set mileage or travel time limit on relocation to avoid redundancy is that an employer is required to take employees’ personal circumstances into account when determining whether to pay redundancy.
Can a change in place of work be treated as redundancy?
Before treating the change in place of work as a redundancy, it is important to consider both the terms of the transferring employees’ employment contracts and the facts. If there is a contractual right to relocate staff (a mobility clause), it may be possible to rely on this rather than treat this as a redundancy.
When is an employee entitled to a redundancy entitlement?
The assignment of a new work place location can place a burden on an employee in the form of time, cost or even where that employee can live. In circumstances where an employee is worse off due to a relocation that employee may be entitled to claim a redundancy entitlement.
Can a company dismiss an employee for redundancy?
Alternatively, where there is already a redundancy situation, the employer is allowed to exercise the mobility clause. This would mean there is no longer a need to dismiss the employee for redundancy and the employee will not receive a redundancy payment.
Can a TUPE transfer result in a redundancy?
If the post-transfer change in place of work resulted in the redundancy of any employee with two years’ service, the dismissal would be automatically unfair regardless of the consultation undertaken. TUPE was never intended to give an employee better rights than he/she enjoyed prior to the transfer.