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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48514
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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The company I work for are moving some of our jobs to India.

Customer Question

The company I work for are moving some of our jobs to India. I have been advised that this may be looked at as constructive dismissal as the jobs are not being made redundant but being moved outside an area that is impossible to commute to.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: 14 years
Customer: The company I worked for was bought by another company 2 years ago but have continuos service of 14 years.
Ben Jones :

Hi, this is not constructive dismissal, many people get confused with redundancy and think that the jobs actually have to disappear for this to apply but that is not the case. Redundancy also includes the situation where the employer has a reduced requirement for employees to do jobs of a particular kind and this could mean that they no longer need as many employees doing this particular job as it currently stands and are exporting them abroad. The fact that you cannot commute to the place where the new positions are being moved to would not allow you to claim constructive dismissal. You can of course argue that the new jobs are not a suitable alternative for you to do, but in the circumstances you can claim for redundancy instead and it is likely that if you cannot find anything else within the company that is considered suitable you will simply have to opt for redundancy.

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks