Relocation distance

[John1978]

Evening,

My employer has recently notified me that they are relocating offices and have stated that under a location clause in my contract they are fully entitled to do so without my prior agreement.

Upon checking my contract the clause actually states a relocation within 25 miles however it does not state whether this is in a straight line or to drive. Basically it is 23 miles in a straight line (across field etc) but 26.5 miles by car. Sounds petty but it could make a big difference to any relocation 'package' I get offered.

Any advice appreciated.

John

[Tools]

Re: Relocation distance

What is the current distance between home and offices?

[John1978]

Re: Relocation distance

I'm about 12 miles from the office now and will have to drive straight past my current workplace to get the to new office so the 26.5 miles will be additional. So current commute is 12 miles and new would be 38.5 miles each way.
Thanks

John

[Tools]

Re: Relocation distance

Are you expecting to have to move home or is it just the extra mileage that concerns you. If you will be staying in your current home and the company wants to keep you/you wan to stay with the company, you could try negotiate a mutual arrangement. Have they mentioned a relocation package to you yet?

[John1978]

Re: Relocation distance

No not expecting to move home and I think they will cover any additional travel costs. The reason I ask is because I might consider taking redundancy, which they are offering to employees without a relocation clause. It really depends how my employers plays things over then next few weeks/months really but I just want to know where I stand legally with the clause if they start to get too pushy, which I expect they will. Also its not just about the costs but I would lose over an hour a day of 'family' time, which is precious.

[Johnboy007]

Re: Relocation distance

Distance is usually measured from the nearest starting point from your home, to the entrance to the new location.
Now as you obviously can't travel the 23 miles in a straight line, you have to travel 26.5 miles to relocate to the new premises.
This is outside of your relocation clause.
You could therefore argue that the relocation is unreasonable in that you have to travel 26.5 miles which is outside of the clause.
This situation just needs to be looked at logically.
Can you get to the new place of work by a shorter distance? The answer would be NO.
So i think you have a very good chance of asking for redundancy.
Speak to your employer, pointing out the distances, and ask if it is possible for you to take redundancy.
Just make absolutely sure, that the new distance is more than 25 miles travel by the shortest route. (route that you can travel on)
If it is, the the employer could be in breach of contract, if he insists you relocate.

Employees may have a right to redundancy pay if:

• they match the redundancy criteria - eg they’ve worked for the employer for a certain amount of time
• they’re not getting any compensation from their employer because they decided not to move
• they haven’t ‘unreasonably’ refused an offer of suitable alternative work

‘Unreasonable’ could mean refusing to move even though the new location is nearby and the employee could drive or easily take public transport.
However, it may be reasonable to say no if it involves a difficult journey or affects personal matters like children’s education.

Good luck and certainly press for redundancy if that's what you want.
JB