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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48190
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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The company I currently work relocated to Norfolk.

Customer Question

The company I currently work for has relocated to Norfolk. Before they moved they promised me that they would pay for my fuel expenses, as I use my own private car. They are currently back tracking on this promise.
They have given me a number of promises that they would help find alternative employment etc. So far they haven't done any of this.
What action should I take now.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.
January 2014
Expert:  Ben Jones replied 1 year ago.
When did the relocation take place and did you have the promise of fuel expenses in writing?
Customer: replied 1 year ago.
Yes, I have it in writing in an email, following a meeting on the 25th January 2016, to discuss the move to Norfolk.
Customer: replied 1 year ago.
Relocation took place during Feb, with the 1.03.2016 being the 1st day in the offices in Norfolk
Customer: replied 1 year ago.
They are also with holding a comssion payment of approx £3500, which they seem to be keen on keeping hold off.
Expert:  Ben Jones replied 1 year ago.
Were you told redundancy is an alternative at the time of move?
Customer: replied 1 year ago.
No, as they want to keep me on until I have alternative employment.
Expert:  Ben Jones replied 1 year ago.
When a company relocates (either as a whole or moves individuals) this amounts to potential redundancy. In the circumstances the employer would have to give you a suitable alternative position and if no such is available, it would have to mean you are made redundant. It is possible to agree on some kind of transitional arrangement, such as working in another role which is not quite suitable but is acceptable for the meantime until a suitable role is found. In your case you may have agreed to work in Norfolk on the proviso that they are going to pay for the fuel expenses and this is why you agreed to take that position. If they backtrack then that will potentially make this position unsuitable and you can reject to work in it and ask for redundancy. In the first instance you can pursue this through a formal internal grievance, if that does not work then you have the constructive dismissal option to use if needed. You can also pursue the commission payment at the same time. This is your basic legal position. I have more detailed advice for you in terms of the law on constructive dismissal and how you can apply it to your case, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. As mentioned, this could potentially amount to constructive dismissal, which occurs when the following two elements are present:· Serious breach of contract by the employer; and· An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long. A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario). The affected employee would initially be expected to raise a formal grievance in order to officially bring their concerns to the employer's attention and give them an opportunity to try and resolve them. If the issues are so bad that the employee can't even face raising a grievance and going through the process, or if a grievance has been raised but has been unsuccessful, then they can consider resigning straight away. If resignation appears to be the only option, it must be done without unreasonable delay so as not to give an impression that the employer's breach had been accepted. Any resignation would normally be with immediate effect and without providing any notice period. It is advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal. Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service. There is a time limit of 3 months from the date of resignation to submit a claim in the employment tribunal. An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you. Just to make a final, yet important point, that constructive dismissal can be a difficult claim to win as the burden of proof is entirely on the employee to show the required elements of a claim were present. Therefore, it should only be used as a last resort.
Customer: replied 1 year ago.
Thanks for your help.It makes a bit more sense now, how can I get a copy of the answer you have given me?
Expert:  Ben Jones replied 1 year ago.
If you wish to save our conversation, you have a few options: a) Depending on the type of account you have there may be an option to print somewhere on the page b) You could copy and paste this conversation into a Word document or equivalent. You can then save and/or print it and refer to it in the future as necessary.c) This conversation will be stored in your account on this site so you may return to view it or do any of the above at any timeIf you have any further queries in relation to this function please contact our Customer Service team by clicking on the Help button at the bottom of the page or email them directly at***@******.***
Customer: replied 1 year ago.
Lastly,how do you get paid the money that was quoted, do I need to do anything else?
Expert:  Ben Jones replied 1 year ago.
The commission?
Customer: replied 1 year ago.
?? No I agreed to pay £56.00 for your advice before you were asigned the job. If this is automaticaly taken, I wont think about it any further.
Expert:  Ben Jones replied 1 year ago.
Oh sorry I thought you were asking in relation to your employment. All sorted for the advice here, nothing further for you to do many thanks