Potential redundancy with a twist.

[Sagalout]

They can, actually. The concept of being forced to somehow employ everybody if you move a business is surely, obviously absurd?

Here's an option that may help you:

1) Take two weeks to decide
2) See if you can get an extension as you are 'working through family/relocation issues'
3) Agree
4) Delay move as long as possible
5) Move, and work trial period (that I think is 4 weeks - would need to check)
6) After 4 weeks, say you don't want to move
7) Work notice period
8) Go past April 2011, collect redundancy pay?

Is all that worth it for 2 extra weeks pay ? :/

 

[PMKeates]

Also depends if the contract states if it was in effective a position that was office based, they could have allowed him to work from home but technically he was contracted explicitly for an office based position...

Yes the contract does have an impact here. I just assumed that as he worked from home he was contracted to work from home, but of course he may not be.

 

[PMKeates]

Is all that worth it for 2 extra weeks pay ? :/

It would be:

2+ weeks decision delay
2 weeks redunancy pay (min £760, maybe more depending on contract)
More days holiday pay for extra accrual
Pay for any delay that can be introduced for relocation

Probably worth it!

 

[Sagalout]

Also depends if the contract states if it was in effective a position that was office based, they could have allowed him to work from home but technically he was contracted explicitly for an office based position...

ps3ud0

This. Very small company, probably using an off the shelf employment contract that will almost certainly state that the office is the usual place of work.

 

[Sagalout]

It would be:

2+ weeks decision delay
2 weeks redunancy pay (min £760, maybe more depending on contract)
More days holiday pay for extra accrual
Pay for any delay that can be introduced for relocation

Probably worth it!

Hhmm, I think the time would be better spent planning for the future to be honest

 

[PMKeates]

Hhmm, I think the time would be better spent planning for the future to be honest

You can quite easily do that too?

I delayed my redundancy for months on end. It 'made' me thousand of pounds and it impacted my search for something new 0%.

 

[semi-pro waster]

I haven't looked at employment law for quite a while but I'd have thought if they can show that they've made reasonable efforts to accomodate you (e.g. paying something for relocation) and they can prove that they need someone who can actually be in the office regularly (not sure how vital it is for a web developer) then a tribunal isn't likely to be too harsh on them assuming other polices for terminating staff contracts are followed.

 

[ps3ud0]

To me it honestly sounds like theyve already lined up someone to replace you that is office based - small companies like this cant afford not to and covered themselves with a token relocation package offer...

Deffo start with your contract and get some legal advice (CAB is an ideal start). The quicker the better...

ps3ud0

 

[[FnG]magnolia]

Go and see these guys

 

[PMKeates]

I'll be perfectly honest and say that, despite often recommending CAB or ACAS, when I was the employee rep for a 20+ redundancy group CAB didn't offer any help that wasn't on the website, and ACAS were completely useless.

 

[Curio]

The whole working from home thing always ends up going this way, in my experience. It's happening where I'm working now - we have a guy who we've ended up giving an ultimatum to because they want him here all the time. I'm not saying this is the case for the OP, but here I can tell it's purely because they think they need to keep an eye on him.....that he's just sat at home kicking back with a beer. It doesn't matter how brilliant he is at his job - they just can't live with paying him to be at home. It just really gets to them

 

[Morba]

They can, actually. The concept of being forced to somehow employ everybody if you move a business is surely, obviously absurd?

The business is not moving though.

 

[Pestilence]

The business is not moving though.

Correct.

From what he says, it is not a redundancy situation.

They simply wish to change his working terms and conditions. If he cannot do as they wish, they will be forced to terminate his contract of employment. THAT would need to be done via proper procedure and most likely a severance agreement between both parties. What they can't do, is say it's a redundancy situation when it isn't.

 

[theukmoog]

Having been made 'redundant' in very similar circumstances (I had worked from home for years, was moved to another manager, who didn't like that and so got rid of me - sorry, made my role redundant), my first bit of advice is to make detailed notes about any/all communications on the subject.

Hopefully, you've already got something in writing regarding the ultimatum?
Did they actually use the word 'redundancy' as you then go on to say "one months notice of my contract being terminated".

And good luck!