Hi there, does your contract state you can be asked to work at other locations, for example on a temporary basis?
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
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?
Done, thank you
Hi there, please find draft letter attached. You can of course make any necessary corrections or additions as you see fit.
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.
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
You are welcome
Hi, yes you would be paid your 11 weeks notice plus 11 weeks pay as your redundancy pay
Many thanks and glad it has all been resolved!