Relocate

[alicenchains]

Evening All,

I'm writing to get an advise in regards my redundancy situation. I have been informed by employer that I'm on consultation period for 45 days etc and notice period will be started after. I understand I will have 1-2-1 meeting where employer will offer me relocation(as per contract 20 miles radius) as they have many sites across the UK or receive redundancy pay if they cannot find me a suitable location for my position level . However, I know that they have sites in Asia i.e Thailand. I'm able to relocate different site of the business, but is there any chance that if I propose the move to Thailand this can be refused by employer and what can be a valid reason that they refuse it? As per my contract I need to remain on the same salary pay etc. Awaiting your advise. Thanks a lot

[ULA]

Yes potentially they can refuse, particularly if they have no suitable alternative positions outside the UK and specifically in Thailand. There may also be immigration / rights to work rules in the overseas location that would need to be checked out and may prohibit a relocation to Thailand.

[alicenchains]

Afternoon All,

Just would like to carry on with my situation in the same email chain. As part of redundancy process, company has found an alternative role in different city, and I have accepted it with the same terms and conditions of my contract. As of now I'm on 4 weeks trial (currently day 11). I have some concerns regarding this place as products that we are dealing with (fridges, washing machines etc) are very heavy, difficult to offload and move around. It's quite dangerous place to work. I still haven't had any 1-2-1 meeting with my line managers to discuss company expectations etc, so I'm a bit disappointed. Is it enough to contact HR and inform them that during trail period I haven't received support and I would like to stop my trial on the last week of the trial, and I would like to receive my redundancy payment + any outstanding holidays to be paid. Basically, this role is not suitable for me.

Thanks,

[ULA]

Couple of questions:

1. Are you working from a new location within the 20mile radius as per your contract?
2. Are you doing exactly the same job as you were at the previous location?
3. Are any other key terms of your contract changed due to the relocation?

[alicenchains]

Hi,

1. Are you working from a new location within the 20mile radius as per your contract?
No, it's 80 miles away from previous location as I have decided to move to different city for a trial

2. Are you doing exactly the same job as you were at the previous location?
My role is the same as in previous place as Shift manager - overseeing operations, HR cases, planing resources etc, pretty much the same

3. Are any other key terms of your contract changed due to the relocation?
I have received amended letter stating that:
'I am writing to confirm the following changes to the terms and conditions of your employment:
Line Manager
Place of employment
Remuneration

All other terms and conditions of employment remain in accordance with your Main Statement of Terms and Conditions of Employment'

Thanks,

[JustAThought]

Suitable alternative employment

If you are in the new role beyond the 4-week trial you will lose the right to redundancy. This is unless you agreed a longer trial period with your employer. If the new role is unsuitable, you may leave at any time in the 4-week trial without having to give additional notice.

Contact an Employment Specialist...
Also ACAS www.acas.org.uk



I'm a lay person just making suggestions!

[ULA]

I asked the questions that I did because in order to still receive your redundancy pay, even as part of a trial, you have to set out reasons why the role is not a suitable alternative.

So you could base it on the fact that a move 80 miles away (outside the contractual radius) is not working out for you and that you have not received the support you were told would be available by way of 1-2-1 meeting with your line managers to discuss company expectations etc which has also not assisted in your relocation.

You need to do this in advance of the end of that 4 week trial period.

[alicenchains]

Thank you for your help

[alicenchains]

Hi,

I have decided to stay and actually it’s fine place to work etc. I have another question regarding my holiday.

I have been officially transferred to new place on 01/07 and on that day I had 32 days holiday outstanding. I have used 9 days from my holiday balance so far and have 15 days already approved in December – means that I still have 8 days remaining. Last week I applied for 8 days of holiday in November for random single days. I have been told that in November there is no possibility to take any holiday due to peak in November. I don’t have any other option as it’s end of October and I cannot apply for holiday due to other colleagues are on holiday this month + in December I have already 3 weeks approved. My question is: can I lose my holidays balance if employer don’t agree to roll over my holidays into next year? If so, what I can do?

Thanks in advance

[ULA]

The ability to carry over holiday entitlement may be set out in a company policy so I would first check there. I presume your holiday year starts again on 1 Jan in which case employees can carry over some of their statutory 5.6 weeks' holiday entitlement if:

* there is a relevant agreement that allows it e.g. a company policy
* you are on long-term sick leave - not applicable in this situation
* the employer fails in their legal responsibility and does not let them take all the holiday you are entitled to - this may apply in your case if you are unable to take holiday in November.

Do not be surprised if your employer ask why given you transferred on 1 July have you not been trying to use up your holiday entitlement until the last few months of the holiday year.