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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Do you have a relocation clause in your contract?
Hello Ben, I have not read my contract recently, but I believe not
I will check this
The contract is at home, but I don't think so
ok no problem, let me get my response ready please
Because your workplace is closing down, this is automatically a redundancy situation as it falls within the specific meaning of redundancy under the Employment Rights Act. If there is a redundancy situation, an employer has a duty to offer those employees at risk any suitable alternative employment (“SAE”) that may exist at the time. The objective is to keep the employee in a job rather than make them redundant. Therefore, if an employee accepts an offer of SAE, their employment will continue in the new position and they would lose their entitlement to a redundancy payment.
If the offer is considered unsuitable and the employee refuses it, they will be made redundant and still receive redundancy pay. However, if the offer was suitable and the employee unreasonably refuses it, they would effectively be resigning and will lose their entitlement to redundancy pay.
So the main issue is what makes an offer suitable and when can an employee reasonably refuse it. The most common factors that would make an offer unsuitable are:
Where an offer of alternative employment has been made and its terms and conditions are different to the employee's current terms, they have the right to a 4-week trial period. If during the trial period they decide that the job is not suitable they should tell their employer straight away. This will not affect their employment rights, including the right to receive statutory redundancy pay.
So it is important to consider whether any offer that has been made is suitable or if there are reasonable grounds to treat it as unsuitable and safely reject it, opting for redundancy instead.
Thanks Ben, that's very helpful!
You are most welcome
There is a company relocation policy, an extract is below:
1. RELOCATION AND TERMS AND CONDITIONS OF EMPLOYMENT
1.1 What happens to the Terms and Conditions of my employment if my place of work changes permanently?
1.1.1 In the event of a permanent relocation, the employee will be written to confirming their new place of work. This letter will confirm that the “place of work” has changed and any other changes to terms and conditions of employment.
1.1.2 In accordance with our Sponsorship Licence dutues, the UK Border Agency will be notified of any permanent change to the location of a migrant worker.