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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46201
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My company is going through a re-structure and Im having to

Resolved Question:

My company is going through a re-structure and I'm having to move to another sites (between 6-12 miles away from current sites. I don't drive and rely on public transport. My job role stays the same but does not require to be an essential car user. I have a final meeting this week, what questions should I ask?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What are you hoping to achieve in this situation?

Customer:

I have no problem with relocating however my main issue is being able to get to new sites and get home using public transport. If they offer me rota that does not allow this where do I stand?

Ben Jones :

How long have you worked there for?

Customer:

I have no problem with relocating as long as I can get there and get home safely using public transport, however if they give me rota that does not allow me to, where do I stand?

Customer:

I have no problem with relocation As long as I can get there and back safely on public transport however if they give me rota that does not allow this where do I stand and what questions should I ask?

Ben Jones :

How long have you worked there for?

Customer:

I have worked for company since 4 Nov 1993

Ben Jones :

ok thanks let me get my response ready please

Ben Jones :

your situation is one where it would most likely amount to a potential redundancy situation because your job is being relocated. In these circumstances


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. In these circumstances the suitability of the offer is mainly going to be concerned around your ability to commute using public transport. It could be that if the employer cannot guarantee you will be able to work a shift pattern which would allow you to do this, then you may argue that this job is unsuitable and ask for redundancy instead. Saying that you do have the right to a 4-week trial period in it first if you wanted that.

As to the questions to ask it is mainly going to be concerned with whether they can offer a guarantee on this shift pattern, without there being anything that would just allow them to chop and change your hours as and when they want and if they state this is not possible, for reasons as to why that is

Customer:

Ok if one sites was easier to get to than the other other would that be something they should consider? Only I have looked at public transport and found one site would not cause any issues in me fulfilling my duties

Ben Jones :

yes if there are opportunities available, they should, but they would not be expected to create them if they are not there

Customer:

Thank you, ***** ***** opportunities are available and not ones to be created. I thank you for your help and would definitely recommend you (minus the redundancy notes!). Great sites once you get to figure out! Thanks again...money well spent :-)

Ben Jones :

you are most welcome and all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46201
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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