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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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I have been living temporary in France for the last 2 years

Resolved Question:

I have been living temporary in France for the last 2 years working for a UK business ( commuting to London). My company has promised promotions but nothing has come. Approx 6 weeks I had my half year review, again exceed expectations(5th+ year running). I asked what was happening about a permenant contract move to France, boss said would look it to it but nothing promised.
I mentioned I had job offers from other companies, he stated he would escalate and push for a permenant move to France. He then escalated but it was a No!
The company then offer voluntary redundancy across all UK employees, 2 days after I had my review and mentioned about my offers. I asked my boss if I applied would he support. No, as I was a valued team member. at this stage I had not formally stated I wanted to leave only that I had job offers. I'm a valued team member but not promoted or supported to live in France where my family now live.
Do I have a grievance case? Could I have applied for voluntary redundancy, as the company said no to a permenant move to France? They currently support the temp move, pay expenses etc. I would be putting my company at risk l continued to stay on a temporary basis due to tax reasons, so they had to make me perm in France or I leave, as my husband and children are there and being UK is not an option
I have now handed in my notice and not applied for voluntary redundancy missing out on (8 years), a big sum! As the window to submit an application has closed. Though I hear that everyone whom applied got it and I feel I should have been able to apply as the company would not support the move to France, though my boss knew of my offers.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Was a permanent move to France ever formally promised to you or has it never been a guarantee?

Customer: replied 11 months ago.
Hi BenNot Guaranteed but my line mgr thought he could make it happen as we are a global team. it was a domestic move but fully supported by my mgr and his mgr. when I am not travelling ( I have a global position), I WFH, all expenses to and from France are approved and paid for by the business plus my work mobile.
Expert:  Ben Jones replied 11 months ago.

Thank you. Based on the circumstances it will be somewhat difficult to legally challenge this unfortunately. First of all the employer has no obligation to offer you a permanent move to France. I understand that you may be viewed as a valuable employee and that they support a commuting arrangement at present but they would not in any way be obligated to move you there permanently. So whilst you can push for that and hope that it happens, nothing can force them to do it as there is no contractual obligation on them to do so.

In terms of voluntary redundancy the position is very similar – the employer can offer VR to employees but whoever applies, they are not obliged to offer accept their application. So whilst there would have been nothing stopping you from applying for VR, the employer could have rejected your application on more or less whatever grounds they wanted to.

So whilst you can raise an internal grievance about this at any time, if you have had to resign as a result, I am afraid I do not see any grounds on which you can make a claim, such as for constructive dismissal or redundancy.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

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Customer: replied 11 months ago.
Thanks Ben, this is what I thought but I wanted to check.
Expert:  Ben Jones replied 11 months ago.

You are welcome, all the best