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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48743
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Having worked away from home years i fell ill with

Resolved Question:

Having worked away from home for ten years i fell ill with aniexty and was off work for five
months . After counselling which was provided by my company i was deemed fit for work .
But i would not work away from home and my company moved me to a local contract where i have been for fourteen months. The contract ends shortly and i have refused to go working away from home, they are trying to transfer me to our engineering divsion but there are not enough jobs to go round and i have been told i may have to resign.
i do not think this is a good idea, i think i am entitled to redundacy if i cannot be placed on a local contract
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Was anything ever agreed as to what would happen once that contract ran out?
Customer: replied 2 years ago.

No, but as I work in the construction industry i knew it was a possibility I would be asked to away from home. But with my small health problems I would like to keep on top of them. I am nearly sixty years old and cannot do it anymore I am still fit for working locally

Expert:  Ben Jones replied 2 years ago.
Are there any other opportunities available that you know of?
Customer: replied 2 years ago.

I work for the Rail divsion of this company and i am PAYE

and they asked me to go Gatwick Airport where we have a rail contract i refused due to having worked away for so long. We then discussed upcoming local contracts which due to start in the next couple of months. These local contracts are with our engineering division and i will have to be transfered if they have any vacancies and not work on the rail side of the company , but it was pointed out to me that the engineering divsion also do a lot of traveling to various contracts, with these jobs at least i will at home at night. they have no other vacancies else where

Expert:  Ben Jones replied 2 years ago.
The end of the local contract would not necessarily amount to a redundancy, especially if the employer can offer you suitable alternative employment. However what is suitable may differ between what you believe and what the employer believes. Generally it is a subjective decision based on your personal circumstances but there is always room for dispute and only a tribunal can decide. It is more often the case that change of terms such as reduction in pay, longer commute, demotion, etc make an offer unsuitable. So you could try and argue that this new position is unsuitable.
However, at the same time you must be able to show that there was a redundancy situation in the first place. The term 'redundancy' is used to describe a situation in which an employer decides to reduce the number of its employees. There are various reasons as to why redundancies may be required, such as economic pressure, changes in the nature of products/services offered, internal reorganisation, workplace relocation, etc. The reason for the proposed redundancies will rarely be challenged and the employer will simply have to justify that the actual reason satisfied the statutory definition of a redundancy, which can be found in The Employment Rights Act 1996:
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 (this is where many employees get confused as they believe a job has to actually disappear for them to be made redundant).
The third reason above creates the most challenges. Examples of when there is a reduced requirement to do work of a particular kind are:
• The same amount of work remains but fewer employees are needed to do it. This includes consolidating some of its jobs (e.g. spreading out certain jobs amongst existing employees).
• There is less work of a particular kind and fewer employees are needed to do it (both the work and the headcount shrink)
• There is less work of a particular kind, but the same number of employees are required overall.
Only if the above factors apply will there be a redundancy situation. The job could have ended and not be due to redundancy.
If the employer does not wish to acknowledge this as a redundancy situation you cannot force them to – you would have to resign and claim constructive dismissal in the employment tribunal and pursue your compensation that way. In the meantime you could try and go down the grievance route internally to try and resolve this, with the resignation being the last resort.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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