Employment Question

[dazzerd]

Evening I'm wondering if anybody can offer any advice if you have been in a similar situation or recommend a firm of reasonably priced solicitors.

I'm based in a village right on the outskirts of Winchester

I've been with a company about 5 and a half years and I generally would travel into the office about 3 times a week a one way commute of about 20 miles. There is a reasonable relocation/travel policy on my contract.

Company were bought by another firm in September and certain members of staff were TUPED. There was an understanding that we would still be based in the same location but would rent a portion of the building from the old employer for a certain number of years.

New firm have turned around acquired an office in Reading. They have made a decision that anybody who is within 90 minutes of the new office must travel to Reading 3 days a week anybody outside that range is classed as a home worker. For the first two years they will pay an amount to cover travel costs which is not part of my Salary, after two years this will go.

I have been classed as within the 90 mile range so will be expected to travel.

I am currently disputing this at the moment and waiting for a response.

If I don't accept their response and don't sign the new contract I am being told I will be made redundant.

Apart from challenging the 90 minute range, I'm also concerned that in essence they are forcing me to sign a contract under duress and that the terms are unreasonable. In other words if I sign and travel into Reading I am explicitly accepting the new terms and conditions but after the two years it would be completely unreasonable to continue to travel to the office due to commute costs bearing down on me. These are substantial, circa 4.5k per year which is not realistic for me to pay.

If on the other hand it was clear that redundancy would be offered after the 2 year period was up it would be more reasonable but this is not the case.

I've already spoke to a solicitor who agrees it "seems" unreasonable but wants a big wedge of cash before going on any further and clearly going down the legal route is going to get uncomfortable.

Any body with similar experiences who could offer a way around this?

 

[dazzerd]

Ahh thanks for the ACAS tip completely forgot about them:

The clause in my contract simply states:

"You will be based at the location specified on the previous page. The Company reserves the right on reasonable notice to change this either on a temporary or permanent basis to work at any premises of the Company or any other Group Company within the UK. In the event of the Company changing your base location and the relevant criteria being met, then relocation assistance may be offered in line with the Company’s Relocation Policy. The Company may also require you to travel as is reasonably necessary to carry out your job."

 

[dazzerd]

I'm on 3 months notice redundancy terms will be OK but I'd rather not do it. The relocation per se doesn't bother me it's the income reduction at the end of the 2 years which bothers me. They are almost saying you have 2 years to find a new job then tough.

 

[dazzerd]

The cover of travel expenses is fairly standard in relocation situations and 2 years is actually fairly generous compared to others.

Im guessing you're ruling out relocating as it seems in the clause they have relocation packages if you meet the criteria?

If not then yes if you stay you'd either be looking at another job or moving closer to reading but at least you have 2 years to plan for this.

Horrible situation to be in but imo you'd be wasting money throwing it at a solicitor.

Yep this is my concern, I go and spend 500 squid on a solicitor to write a nice letter. Company no doubt will challenge in and then my only option is to take it further which I couldn't afford anyway.

Touch wood they will agree to change me to a homeworker anyway. I'm also being told by my boss and his boss that they "won't be actively monitoring attendance" but that doesn't mean corporate won't be.

 

[dazzerd]

The threshold is 90 minutes not miles, so I'm disputing that not the distance. What they don't appear to have taken into account is traffic either direct to reading or getting to the train station and then commute time on the train.
Regarding what I want I like my job it pays well and is flexible.

But the increase in travel expense is almost 4 times what it currently is and more than double commute time. Average currently is about 40 mins in and 40 minutes out. I reckon to travel from where I live which is near Wickham to Reading is going to be more like 2 hours each way.

Advantage in all this and something which buys me time is covid. I doubt we will be back until April at the earliest but I need to sign the contract in December.

 

[dazzerd]

It's either a drive through Twyford, M3 A34 then onto Reading Park and ride which is a crap drive.

Or drive into Eastleigh to train station then train which is the preferred option. The drive here is 30 mins plus an hour train but that doesn't take into account changes and car parking etc etc which is one pushes it to 2 hours.

I think the solution is to suck it up and look for another job whilst still in covid - kids and massive mortgage leave me little choice. If I didn't have that would take the money and take the risk I would find something over noticebperiod.

 

[dazzerd]

Well you did put both into the OP I just picked the one you didn't mean, it makes no sense to do a 90 minute limit as what happens if one day there's an accident and it means it'll take you 91 minutes do they then say "Oh it took you over the threshold today so you're now classed as a homeworker"?

Well this is the problem they now have. About 30 people are challenging it based on the fact that time is pretty contingent on lots of things and at what point do they start and end measuring, is waiting for a train for instance included or excluded.

 

[dazzerd]

Final appeal has failed so they wont make me a homeworker. I suppose the next step is deciding whether I sign or not. One thing which puzzles me is we dont formally move until April 2021. So as the redundancy is due to a change of location not the removal of a role, surely they cant make me redundant until the office move actually takes place? Which means I could just hold out till April and make a call then??

 

[dazzerd]

Ahh bummer

I'm guessing you may have a 3 month notice period? If so they'll likely issue you your notice of redundancy so they don't have to fork out for PILON

Yes 3 months so I'm thinking I'll need a job by July if they let send me notice in April. What's pilon lol?

 

[dazzerd]

Dunno I'm due a meeting with HR as deadline to respond was today but I told them I couldn't sign as they have still not specified the consequences of not signing. It's all very odd it's as if they want to find out how many people won't sign before they make specific there position. Regarding pilon I'm not sure it matters, as I say I don't think they can actually make me redundant until the formal office move anyway which is April.

But to be clear they are still not stating if redundancy is the next step.

They could play hardball I suppose and state the move is reasonable so you have to go or you are in breach of contract.

Or the other alternative I can see is they find out that too many people refuse to move so they carry on renting space in the old office.

It really is a shambles, probably because the new owners are foreign and they have had to hire a completely new HR department to deal with it as none of our old HR staff were tuped.