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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44402
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Ben I've employed by my company for 11 years,since April

Customer Question

Hello Ben
I've employed by my company for 11 years,since April 2005
On the 24th of june I had received a phone call from my area manager to let me know that the store which currently I'm working in,is closing our account (counter).
I was asked not to be worried about this closure as my company is about to open a new account in another store in the same area (and building).
There for I was very confident and I dismissed all other companies proposals to join a new job.
On the 25th of July I had received another phone call from my area manager,telling me that the new account won't be opened until roughly October time.
She suggested that can work TEMPORARY in a different store which is over 1:15min drive from my hous( My current job is 15min drive and 6miles from my house). Also I can use my 4 weeks holidays during this time,so this will allow me to travel to the new store only once a week (I am part time employed for 2days a week).
Two days later I have received a formal letter from my company to say that "further to your meeting on the 6th of June 2016 with your area manager,your position in this store is no longer available and that position had been made redundant. You have been offered an alternative position in a .... with effect from 1st August 2016.
I was in shock!!!!
I had called HR,explaining my situation,that I don't have no meetings at all and I left under the illusion that I will be going for a very short period of time to that far from my home counter only to be able to return in October,as promised to a new opening account in my area.
She was shocked as she new nothing about "opening a new account" in my are and that I had no meetings at all with my area manager.
She asked me to put everything in in writing,which I did,and she will address it our managing director.
I called her next day and she start acting completely different!
She put me through to our managing director,who also confirmed me that the opening of a new account in my area is not going to happen soon,not even middle of the next year!!!!
She asked me to consider the position which they are offering me.
I clearly explained to her,that under no circumstances I can accept that,as after my holiday's allowances will finish,I have no chance to afford paying for that journey and been a mother of 2,one of my kids is a very young baby,I can't have such a long time journeys and I absolutely wouldn't be able to pay the extra cost towards my childcare expenses!!!!
She then had promised me that I will receive a new letter with a new proposal for me. Which of course I had never received one!!!
On the 1st August,I did sen HR department that I am accepting my redundancy and I'm expecting an official notice from them as of this date.
I only received a horrible phone call 2days after from HR,to tell me that I still have to work my 11 weeks notice,which I disagreed to,as My circumstances don't allow me me and I still don't have any official notice from them. Also she told me on the phone that I am only interested to my 11 weeks redundancy pay,which was £300 less then we calculated it with my local citizens advice center.
On the 1st August,my account was closed,I am at home since then I really don't know what to do in this situation as they did not put anything in writing,yet!!!!
Please,please help me as I am extremely worried
Many thanks
Submitted: 2 months ago.
Category: Law
Customer: replied 2 months ago.
Will you also help me with writing an official letter to my company to get them starting with my case?!
Customer: replied 2 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 2 months ago.

Hi there, does your contract state you can be asked to work at other locations, for example on a temporary basis?

Customer: replied 2 months ago.
Hello BenThe initial contact from 2005,was as a mobile beauty consultant for London and South East
The new contract dating 1st July 2007,confirms a change of employment details,which says:
"Your position from this date will be part time beauty consultant in Selfridges,London....
All other terms of your contact remain the same "After working 5 years based in Selfridges store,I did asked to be moved to Brentcross area,due to my personal circumstances. But I had no confirmation in writing saying that I am based in Brentcross store.After working another 4 years in Brentcross,due to the fact we bought a property in Essex,I was kindly offered a position in Bluewater store which is 15min drive from my house.I am working in here since November 2015 until Monday this week,again I had no official letter to confirm it.I will be extremely shocked if they will try to send me back to Selfridges London,as me been on a minimum salary pay,my wages will not even cover the cost of my travel,and for me to travel to Brentcross store which is currently 1:15drive from my current address,plus exta expenses in travel and childcare,as it will be extra hours for me to be a way from homeRegards
Customer: replied 2 months ago.
Also if it will be case to work my eleven weeks notice,I don't understand Why I had no notice in the first place?
My account wasn't the only one which had to close down and all that stuff had their notice and 3 legal meetings 2 months ago when we found ot about the closure.
My account manager who is based in this store according to her contact it is exactly in the same situation as me,so I have right to believe that our company is avoiding the rules of redundancy.Please clarify me what shall I do
Thank you
Customer: replied 2 months ago.
I did read carefully my both contracts again and nowhere is mentioned that they can move me elsewhere.
Expert:  Ben Jones replied 2 months ago.

Thanks. If there was some kind of a mobility clause allowing them to ask you to move to a different location temporarily or permanently then they could have relied on that to try and move you for the remainder of your notice period. So you could have still been made redundant but asked to work elsewhere whilst your notice period expires. In the absence of such a mobility clause and on the assumption that you have not consented to move, the employer should really be looking at making you redundant by paying you in lieu of notice. This means that they are not requiring you to work through your notice period but are going to pay you the equivalent of your earnings for that period and terminate your employment with immediate effect. This is what you should be pushing them for in the circumstances, unless they can show that there was some contractual clause which allowed them to move you to a different place for a period of time.

This is your basic legal position. I have more detailed advice for you in terms of the options you have should they refuse to acknowledge this and still insist that you continue working in the new place, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Customer: replied 2 months ago.
Hello again Ben
I really appreciate your help and time your time that you are spending with my case.
Will you help me please help me writing them a letter which will help me start a dialogue in writing with my company,rather then to chase them on the phone without results.
They still didn't send me in writing any form of notice or negotiations.
I don't know where and how to start.
As you probably noticed,English isn't my first language,therefore I found it even harder.
I'm sure I'm right,this ithe reason they don't write a oficial letter to me.
It looks from the side like we both,me and my employees are waiting for someone's first step or mistake from my side.
Thank you ever so much once again
Expert:  Ben Jones replied 2 months ago.

Hi there, writing a letter is a premium service so will be at an additional cost I'm afraid. Of course I am happy to assist with it if you are happy to proceed. i can send over a quote if needed?

Customer: replied 2 months ago.
Expert:  Ben Jones replied 2 months ago.

Done, thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44402
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 2 months ago.
What details exactly are you looking for to receive from me,pls?
Expert:  Ben Jones replied 2 months ago.

Hi there, please find draft letter attached. You can of course make any necessary corrections or additions as you see fit.

Dear [NAME]

Account closure and redundancy

I am writing in relation to the recently communicated closure of the account I am currently assigned to. As you are aware this will likely trigger a redundancy situation, which I would expect you to deal with in a fair and reasonable manner. This would include consulting with me and offering me any suitable alternative employment that may exist.

Whilst initially I was advised that there would be suitable alternative positions in the same area and even in the same building, this has unfortunately not materialised. As it currently stands, the new account has been delayed, initially until October and now for an indefinite period. In the meantime I have only been offered the possibility of a temporary move to a different store, which is more than 1h15min commute for me. As you can imagine this offer does not amount to suitable alternative employment and as such I am unable to accept it. Whilst you have suggested that I take my holidays to cover this transitional period, I should not be ‘penalised’ in such a way and use up all my hard earned annual leave allowance to cover what is clearly an unsuitable offer.

As there is no mobility clause in my contract and I cannot be expected to move to a new location, whether on a temporary or permanent basis, and no suitable alternative offer has been made for me to take up, I am requesting that I am instead made redundant as per current employment law regulations. Whilst I would have been ready and willing to work through my notice period had I been allowed to do so on my current account or a suitable alterative, as this is no longer an option I request that I am made redundant with immediate effect by being paid in lieu of notice.

I would be grateful if you could please facilitate this as soon as possible, issue me with formal notice of redundancy and pay me up for all monies due as a result of the redundancy. I have spoken to a solicitor and have been advised of my legal rights in this position. I therefore hope that this matter will be resolved amicably and without undue delay.

I look forward to hearing from you.

Yours sincerely


Customer: replied 2 months ago.
I have no words express my happiness and how much I am truly thankful for such a great help and support I have received from you,Ben!!!!!!
This exactly what I was looking for! Due to my inability of expressing my self in a professional way,I felt powerless dealing with this meter.
Thank you very much,once again.
Hopefully this will finally resolve my situation.
Have a lovely evening
Expert:  Ben Jones replied 2 months ago.

Thanks for the kind feedback and hope this gets it resolved too. If you run into difficulties, you know where I am and you can always request me by name. Thanks

Customer: replied 2 months ago.
Thank you!!!!!!!!!!
Expert:  Ben Jones replied 2 months ago.

You are welcome

Customer: replied 2 months ago.
Hello Ben.I have the great news,they finally wrote to me!!!!!!!
I can't believe that this horror in which I'm leaving for the past 2 weeks will finally come to an end and I'll be able to concentrate in finding another job...
I would kindly ask you the very last thing,please. To confirm to me that I understood correctly the above sentences and if this means that I am going to be payed both,the 11weeks notice and 11weeks statutory redundancy pay?"Accordingly,your contact of employment will terminate by reason of redundancy on the 1st August 2016 and you will be paid eleven weeks in lieu of notice from this date.
Your redundancy settlement payment will be 11 times of your weekly payment of £... - 11 weeks pay statutory redundancy: £..."Thank you very much,Ben.Regards
Expert:  Ben Jones replied 2 months ago.

Hi, yes you would be paid your 11 weeks notice plus 11 weeks pay as your redundancy pay

Customer: replied 2 months ago.
I can't believe it!!!
This is all thanks to your help,Ben!!!!!Thank you ever so much!!!!!!All the best for you,and I'll make sure to recommend you to all my friends and people who I know.Thank you!!!!!
Expert:  Ben Jones replied 2 months ago.

Many thanks and glad it has all been resolved!

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