Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
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Please can you clarify whether the employer is refusing staff to use their own vehicles?
They are not refusing. They're just moving to an office with no parking nearby. So to continue using their own vehicle they'd need to park about a 1 hour walk from the office and make that walk several times a day when they need to go out to other offices.
OK thank you for clarifying this; please leave it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Many thanks for your patience. Whilst there is nothing stopping them from asking to be allowed to commute by car, the employer will not be obliged to provide any parking facilities for them. So they could be allowed to continue commuting by car but to sort out their own parking, which unfortunately looks to be difficult.
What they could instead argue is that this is a redundancy situation. The Employment Rights Act 1996 defines a redundancy situation as one where there is a:
1. Business closure – where the whole of the employer’s business is closed
2. Workplace closure – closure or relocation of one or more sites
3. Reduced requirement for employees to carry out work of a particular kind
The second option is the one which applies here so they can say that by moving offices the employer has created a redundancy situation and that they should offer the affected employees suitable alternative employment. However, as the new conditions are not suitable they do not have to accept them and should be made redundant instead and receive redundancy pay.
Of course that is not as ideal as being allowed to commute to work in the same way as before but at least it does offer something which is not just forcing through the new terms or being forced to leave with no compensation.
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