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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47355
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was asked to move location verbally and declined. i was then

Resolved Question:

I was asked to move location verbally and declined. i was then asked i will have to resign. two week later I've been asked to work 8 weeks then statuary redundancy. still nothing bin writing.
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. How long have you worked there for?
Customer:

I've worked there for 3 years 7 months

Ben Jones :

Hi, sorry I was offline by the time you had replied last night. Does your contract state you can be asked to move location?

Customer:

No, place of work Slough berks..The building is closing in may/June. So I was expecting to go then. On the back of a meeting, nothing to do with relocating. Verbally just told me, going in 2 weeks perm, I declined and verbally told I will have to resign. HR then arranged a meeting and told me my job is in cental London Holborn so going to make me redundant.

Ben Jones :

As you have over 2 years’ service with the employer you are protected against unfair dismissal. This means the employer has to show there was a potentially fair reason for dismissing you and also follow a fair procedure. Whilst redundancy is a potentially fair reason, it does not appear to be the case just yet, although it could qualify once your office had closed down. At this stage it does not look like there is actually a redundancy situation and I see no other fair reason they can use to dismiss you.

Even if this was a redundancy, they have not followed a fair procedure – they need to consult with you first, offer you suitable alternative employment and they have completely failed to do any of that, meaning no fair procedure was followed.

So it does appear that this is an unfair dismissal, which you can challenge. There was also no clause allowing them to relocate you so there is nothing else they can rely on to force the move through.

You can appeal the dismissal directly with the employer first. If that does not resolve the issue, once the dismissal has been completed you are able to submit a claim for unfair dismissal in the employment tribunal within 3 months of your termination and pursue them for compensation.

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

Customer:

es, thanks for your help, I new it didn't seem right as it was happening.just needed a legal view to see of its worth challenging

Ben Jones :

you are welcome, all the best

Customer:

Hi Ben, how shall i word that i'm challenanging the redundancy. I'm fine with being made redundant in May when the building closes and they are relocating to Holborn but this was unexpected and handled badly

Ben Jones :

you need to mention there was no consultation process, that the building is not yet closing and that there is no redundancy situation until that happens, also that they have not discussed any suitable alternative options with you

Ben Jones and other Employment Law Specialists are ready to help you

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