Told I’m Redundant — But They’re Keeping My Job Abroad

[James_Stan27]

Hi all — I’d really appreciate some advice or insight from anyone with HR or employment law experience.

I’ve recently been told that my role is at risk of redundancy. The company has confirmed the position is being moved overseas for cost-saving reasons, but the role itself isn’t changing — the work is simply being relocated to a foreign team.

I’ve been asked to work my notice period to help with the handover, and there’s also been mention of continuing in the same role but on foreign salary terms and working hours, which would mean a significant pay cut and change in conditions.

The redundancy package being offered is only the statutory minimum, despite:

• The role continuing elsewhere
• Being asked to train the replacement team
• The role having been UK-based under a long-term contract

I’d appreciate any guidance on:

• Whether this is considered a genuine redundancy
• If there could be grounds for unfair dismissal
• Whether I’m within my rights to decline the alternative role without losing redundancy pay
• If there’s a reasonable basis to push for an enhanced redundancy package

Any insight or similar experiences would be really helpful. Thanks in advance!

Thanks

[ULA]

In answer to your questions:

1. Yes they can make you redundant if they are moving your role to another country which means that your role in the UK is now redundant.
2. If they follow a fair and reasonable redundancy process it is unlikely you would have a claim for unfair dismissal based on what you have set out.
3. If the alternative position is in a different country, on a lesser salary and a worsening of benefits and or conditions for the same role, then my view is you can decline this as being a suitable alternative position and still retain your redundancy pay. However I would suggest you get this confirmed in writing if at any point you are offered this as a suitable alternative but decline it.
4. If you have a redundancy clause in your contract beyond statutory redundancy pay and notice they must pay you that. If not then you would be entitled to statutory redundancy pay together with any accrued but untaken holiday pay. You may be able to ask if the company would consider some additional salary to recognise that you are being asked to work your notice to assist with handover for the company's benefit, which will limit your opportunity to look for alternative work, which you would have been able to do if they paid you in lieu of notice. However they are not obliged to do this.

[James_Stan27]

In answer to your questions:

1. Yes they can make you redundant if they are moving your role to another country which means that your role in the UK is now redundant.
2. If they follow a fair and reasonable redundancy process it is unlikely you would have a claim for unfair dismissal based on what you have set out.
3. If the alternative position is in a different country, on a lesser salary and a worsening of benefits and or conditions for the same role, then my view is you can decline this as being a suitable alternative position and still retain your redundancy pay. However I would suggest you get this confirmed in writing if at any point you are offered this as a suitable alternative but decline it.
4. If you have a redundancy clause in your contract beyond statutory redundancy pay and notice they must pay you that. If not then you would be entitled to statutory redundancy pay together with any accrued but untaken holiday pay. You may be able to ask if the company would consider some additional salary to recognise that you are being asked to work your notice to assist with handover for the company's benefit, which will limit your opportunity to look for alternative work, which you would have been able to do if they paid you in lieu of notice. However they are not obliged to do this.

Thanks for the helpful response, ULA , I really appreciate your insight.

Just to clarify: my role is fully remote and has never been tied to any specific UK location. My employment contract reflects this, and I've worked from home throughout. There's no physical office base involved.

Also, it has been formally documented by the company that the role is being moved abroad for cost-cutting reasons , essentially, I am being directly replaced by equivalent role in another country as its a lower cost to the business. The duties and responsibilities are not changing, just where the person is employed from and pay.

Given that the role itself still exists , just performed by someone else overseas at reduced cost , does that affect the definition of a "genuine redundancy"? And could that have any bearing on the fairness of the process?

Thanks again for any further guidance.

[ULA]

Unfortunately is appears that the requirements of your employer for work of a particular kind in the place where you work which, as you work from home, is the UK is ceasing. An employer can arrange its business so that its needs are met from another country. That's not unlawful and so long as a fair redundancy process is followed.