Relocate or Demotion

[MrMRJ]

Hi,

I am looking for some advice. My employer asked if my family would relocate for my job (I had been doing this job already with alot of travelling). However the relocation package would of meant it would of cost us significantly to relocate, bearing in mind my partner would have had to give up her job.

If I do not take the relocation package the other option is to be demoted from my current role and placed into a role with less pay.

what are my rights in this situation? Can I refuse either of these and request redundancy even tho my job role is not redundant it is just my location?

Do I have to take the offer made of re-deployment within the company even tho this means I will be worse of and in a job that ideally I don't want to be doing?

Thank you for any advice.

[james_law]

https://www.gov.uk/employer-relocation-your-rights

[MrMRJ]

Thanks for your reply.

The link is useful however it does state I am entitled to redundancy pay, if I have not unreasonably refused an alternative role. What would count as unreasonable. To me refusing because of less pay would not be unreasonable but is that how the law sees it?


Thanks

[ULA]

Is it a big reduction in pay? Are there any other changes to your terms and conditions.

[MrMRJ]

Hi, yes it would be a significant reduction in pay basically going from a commission based role to a basic salary only role.

[WylnTholia]

They cannot change your current contract without your agreement. What does your current contract state?

[james_law]

Thanks for your reply.

The link is useful however it does state I am entitled to redundancy pay, if I have not unreasonably refused an alternative role. What would count as unreasonable. To me refusing because of less pay would not be unreasonable but is that how the law sees it?


Thanks

Say for example its a 30 minute drive away, that would likely to be deemed an unreasonable refusal. Based upon what you have said it is not unreasonable that you have declined to relocate i.e. the significant costs, disruption to your partners job etc etc.

Regarding the demotion, linking to the above they really should be making you redundant and paying you off. Then they could employ you in another position.

[ULA]

Given what you have said then you have the right not to accept the relocation based on the impact on your personal circumstances i.e. the need for your partner to give up her job.

In terms of the alternative position have the company determined it as a demotion or is that your view in terms of the pay element or are there other responsibilities/seniority that you maybe currently have that you will not in the new role? I am just trying to establish the extent of all changes if there are any other than just pay. Effectively the change to your pay is a change of your terms and conditions of employment, which unless your contract has a clause allowing for changing your term and conditions they cannot impose without your agreement. To do so could lead to you making a claim for breach of contract.

I would suggest that you write to your employer indicating why you cannot relocate and also informing them that a change to your pay (assuming there is no contractual right to) and any other conditions would be a breach of your contract. It would be at this point you a request for the company to consider a redundancy situation.