Feeling like i'm backed up against a wall!

[jambo2015]

I currently am in a predicament within my employment.

I started working as a temporary member of staff for the local council via an agency last November. Just after starting it was annouced that the council were severley over budget and changes needed to be made to improve finance figures. This role continued up until 1st July where I was awared a full time permanent contract. It has now been announced that all members of my department are being made to move our base of operations to another building and this will commence in 4 weeks. At present it already takes me just over an hour to get to my current work place, with the move it would take me just nearly 2 hours to travel to work - this is leading me to have to purchase a second vehicle (my wife works in another county so has the car, we are also carers for family at home so transport for her is crucual)
It has now also been announce that our department will undergo a complete restructure in which all current job roles will be collated and reduced, leaving staff to reapply for jobs.
I have only just recieved my contract of employment and nowhere does it state I will be subject to either a movement of working office or part of the restructure (despite me being awarded the permanent role during discussions of potential restructure and movement) I have yet to send in my signed copy of my contract as I wanted to have a chance to review it.
It's very frustrating as I worked so hard as a temp, despite the company being under financial concern, and then proving myself within an interview to be awarded a permanent role only to find out not only would I need to move offices, but also have to apply for my job again - despite only just applying and being award the role i'm currently in.
At the moment I do not really know where I stand in law. After leaving my previous role with a difference company due to work stress, I tried so hard to achieve the role I am in now.
I would be entirely grateful for any advice.

[teaboy2]

Re: Feeling like i'm backed up against a wall!

Doesn't matter if you haven't already signed the contract as the contract already exists between you and employer. Does the contract state place of work?

Have you been asked to sign a notice of variation of terms regarding the change of place of work? if not it amounts to an unilateral change of contractual term, and a breach of contract.

However, if they are restructuring, then have they held consultations regarding the move, and the restructuring and redundancies that will likely occur?

Have you spoke to your union rep?

Have you spoken to your direct manager, informally, to express your concerns and the unreasonableness as to change of location and the impact it will have on your private and family life outside of work as a direct result of having to spend 4hrs in total traveling per day, just to get to and from work at the proposed new location?

[matt3942]

Re: Feeling like i'm backed up against a wall!

Even with a flexibility clause an employer can make unilateral changes by terminating the existing contract and offering to re-hire you under a new contract. The employer must be able to demonstrate it has a good business reason for doing this, and it should have consulted with employees and/or unions, rather than simply imposing the change.

If you opt to reject the new contract you will need to demonstrate that the new terms are unreasonable, otherwise you will be deemed to have refused an offer of suitable alternative employment, and you will forfeit your right to redundancy.

Based solely on the information you've provided I would suggest the new terms are unreasonable and you would qualify for redundancy. However, you will not qualify for statutory redundancy pay because of your length of service.

- Matt