employees rights on job relocation??

[matt d938]

My fiance has just been told she is loosing her job as a graphic designer in leeds,

Not heard much of the details as obviously she was upset but apparently they aren offering redundancy because they have offered her the same position in INDIA!!!!!

Surely thats not right at all????? i thought it was like within a 20 mile radius they didnt have to offer redundancy but i think the last time i did geography India is slightly over 20 miles lol

Unfortunatley she isnt in a union, none of them are (they closing whole department)

Where does she go from here?

Thanks

Matt

 

[Pestilence]

CAB

 

[matt d938]

CAB

Yeah thats what i said to her

Matt

 

[j0s]

Or get in touch with ACAS

 

[Efour]

Where does she go from here?

Thanks

Matt

Mumbai?

 

[Lokai]

Can't be right when my role moved from Leeds to Stockport I was given the choice of redundancy or relocation.

 

[Ev0]

Would ACAS also be a useful point of call?

*already said above, damn my slow fingers

 

[reflux]

I'm also a graphic designer and I went to Leeds CAB when I lost my job last December. They were pretty useless, just told me to go to ACAS. But my issues were a bit different to what you're talking about.

 

[shine]

There is no fixed distance it all depends on your personal circumstances:

http://www.direct.gov.uk/en/employment/employees/employmentcontractsandconditions/dg_10028541

How long has your girlfriend worked with this company will have some bearing on if she can claim redundancy or if she has been offered compensation to relocate. The above link has more information on where to get advice.

 

[Pestilence]

Or get in touch with ACAS

Actually, this would be better. The acronym totally slipped my mind.

But yes, I do believe that they should be offering a redundancy package as it is not feasible for her to simply travel to India. Their movement is causing the exception/termination of the contract of employment between they and she, with the major factor being outside of reasonable concerns or expectations. Thus, she should be compensated for their breach of the contract.

The ACAS folks should be able to clear it up nicely.

 

[shine]

Actually, this would be better. The acronym totally slipped my mind.

But yes, I do believe that they should be offering a redundancy package as it is not feasible for her to simply travel to India. Their movement is causing the exception/termination of the contract of employment between they and she, with the major factor being outside of reasonable concerns or expectations. Thus, she should be compensated for their breach of the contract.

If she has been offered a compensation package to relocate and refuses then she is not entitled to redundancy.

The ACAS folks should be able to clear it up nicely.

Indeed.

 

[matt d938]

think she has been with them for prob 10 years now,

Not sure on the full specifics of whats been said se wasnt exactly in the mood for talking lol

Think there is prob 10 of them at least in the department

Matt

 

[AtreuS]

think she has been with them for prob 10 years now,

Not sure on the full specifics of whats been said se wasnt exactly in the mood for talking lol

Think there is prob 10 of them at least in the department

Matt

She if deffinately entitled to reduandacy payout after 10 years service. Moving to india is a joke. Rules change over time but when i was made redundant the rule was upto 50 miles you got nothing.

 

[bJN]

Go through her contract with her and pay attention to any specifics that detail breach / termination of contract. There should be some information in there, even if it is only minor. And as others have said, get on to ACAS, that's what they're there for!

 

[matt d938]

It's a pretty major company so surely they wouldn't do this without a get out clause as surely they haven't got a leg to stand on,

They must have offered a relocation package or something knowing damn well a 60yr old bloke who works in the dept won't accept

Properly stinks TBH

 

[[TW]Fox]

If she has been offered a compensation package to relocate and refuses then she is not entitled to redundancy.

Completely false, especially where relocation is to another country entirely - it would be an open and shut case regardless of the financial incentive offered.

 

[[FnG]magnolia]

Completely false, especially where relocation is to another country entirely - it would be an open and shut case regardless of the financial incentive offered.

Agreed.

 

[Deleted member 66701]

Completely false, especially where relocation is to another country entirely - it would be an open and shut case regardless of the financial incentive offered.

+1

In other news our testing department is being offshored from...........


Mumbai, India to Erskine, Scotland!

 

[Pestilence]

It's a pretty major company so surely they wouldn't do this without a get out clause as surely they haven't got a leg to stand on,

They must have offered a relocation package or something knowing damn well a 60yr old bloke who works in the dept won't accept

Properly stinks TBH

The thing is, they don't have a leg to stand on. Don't be so defeatist so quickly.

They can't just turn around and say "We're moving the company abroad. Oh... you can't come? Ah well, see ya, you're fired!"

Offering a relocation package, as Fox rightfully said, is not sufficient to weasel your way out of offering a redundancy package to those who will not, or cannot, accept it. Her employment contract is coming to an end.

If it's a full-time, permanent position contract then the only way they can get out of it without compensatory elements is if she quits, or is fired. They can't fire her because she hasn't done anything wrong, and they sure as hell can't fire her because they want to move. She is entitled to compensation from them as they are reneging on contract.

 

[Mercenary Keyboard Warrior]

From my experience most companies work along the lines of an hours travelling being reasonable, thats an increase of not an exact amount.

You can get contracts however that would specifically mention something like "the company can move you place of emply to any other office". I had this offered to me in a contract which I refused to sign, they could have literally said my new place of work is now another country". Assuming its unlikely she has this and just has the general stuff most contracts contain then I can't see they have a hope of making this stick.

How may of them are there, are they the only department etc. Could be worth a joint trip to an employment solicitor. Just pick the best two or something to physically go with questions agreed by the majority.