Redeployment - What are our options?

[welshcuriosity]

Hi all, long time reader, first time poster

 

Just wondering if I can get some advise about a work issue that's going on.

 

Bit of a background:

 

I work in an outsource call centre, have have been there for 3.5 years.

 

About 2 weeks ago, everyone was called into a meeting, and we were told that our building was closing. The landlord didn't want to renew our lease, so we had to close. We've been given the closing date of May 29th.

 

The company owns 2 other buildings, one about 6.5 miles away, and the other about 40 miles away. We were told we are to be transferred to them.

 

We were told that this isn't redundancy, but redeployment.

 

The issues we have are:

 

1. The opening hours of the other site 6.5 miles away is vastly different to our current hours. When we started our contracts state our hours of work are flexible and matched to the clients needs, which were 8am-10pm. Over the last year, the client has reduced our closing hours down to 8pm. Moving to the new site means working until 11pm - which is causing problems for people with transport and family issues. Is there any grounds to argue that when we started we agreed to be flexible up to 10pm, and the change to 11pm is being forced on us?
   
2. We've been told that the company has consulted legal advise who said it's not redundancy - but when asked for details of the legal advise, we were told it was verbal advise with a solicitor they won't name with no record of what was discussed. Surely that seems a bit iffy?
   
3. There are two different version of contracts that we have, the newer ones have a mobility clause in them, but quite a few of the older staff, myself included, have no mobility clause. They state that our place of work is "Building name" full stop. As our jobs at the building are no-longer available, wouldn't this class as redundancy?
   
4. The new building is with a different client, who is requiring a CBR and Credit check. One of the staff have failed the checks, and as now been told that his options are move to the other site 40 miles away, or quit. The other site isn't an option due to the location and travelling distance. What would the situation be in that case? He was offered his job on the basis of no checks being needed, and now due to no fault of his own he's stuffed.
   

Bit of a big one, but we're trying to discuss our concerns with work, and are just being told that we're 'lucky' that we 'still have jobs' and we have to bend to the companies needs.

 

Any advise you can give will be great.

 

Thanks

[rebel11]

Hi welsh

 

Welcome to CAG

The guys will advise as soon as they are available.

[teaboy2]

1. The opening hours of the other site 6.5 miles away is vastly different to our current hours. When we started our contracts state our hours of work are flexible and matched to the clients needs, which were 8am-10pm. Over the last year, the client has reduced our closing hours down to 8pm. Moving to the new site means working until 11pm - which is causing problems for people with transport and family issues. Is there any grounds to argue that when we started we agreed to be flexible up to 10pm, and the change to 11pm is being forced on us?
   
2. We've been told that the company has consulted legal advise who said it's not redundancy - but when asked for details of the legal advise, we were told it was verbal advise with a solicitor they won't name with no record of what was discussed. Surely that seems a bit iffy?
   
3. There are two different version of contracts that we have, the newer ones have a mobility clause in them, but quite a few of the older staff, myself included, have no mobility clause. They state that our place of work is "Building name" full stop. As our jobs at the building are no-longer available, wouldn't this class as redundancy?
   
   
4. The new building is with a different client, who is requiring a CBR and Credit check. One of the staff have failed the checks, and as now been told that his options are move to the other site 40 miles away, or quit. The other site isn't an option due to the location and travelling distance. What would the situation be in that case? He was offered his job on the basis of no checks being needed, and now due to no fault of his own he's stuffed. Defiantly not - if he was asked for one in his interview, then dismissing him now or forcing redeployment on him as a result of the CRB, is likely to be deemed automatic unfair dismissal.
   
   

Bit of a big one, but we're trying to discuss our concerns with work, and are just being told that we're 'lucky' that we 'still have jobs' and we have to bend to the companies needs.

 

Any advise you can give will be great.

 

Thanks

 

Unfortunately they can redeploy you so long as such redeployment is reasonable. I.e Hours and Distance etc. I would say asking you to work to 11pm on flexi hours is unreasonable personally, as 6.5 miles takes best part of 15 min (unless speeding) especially when your contract states 10pm as the latest. So a new contract would be needed for the hours and same for new place of work though that can be done by simple amendment of that contract.

It makes sound business sense to redeploy employees wherever possible as both time and money will have been invested in training that employee. It also saves on redundancy costs! If there are suitable alternative positions employers need to recognise that employees may have an automatic right to fill those posts. The employee need not go through any form of interview or selection process for the alternative positions. An employer faced with a redundancy situation will save time and money following the proper procedures.

Employers are encouraged and supported by law to provide employees alternative work through an offer procedure. An alternative agreed by the employee is automatically deemed ‘suitable’. If an employee refuses unreasonably, an offer the employer considers suitable, the employee can lose entitlement to statutory redundancy payments.

 

An offer of suitable alternative work should:

 

• Have similar status.
   
  
  
• Be within the employee's capability.
   
  
  
• Not cause unreasonable additional inconvenience.
   
  
  
• Provide similar earnings.
  
  

Employees have a right to a four week trial, if they accept an offer of suitable alternative work . The employee remains entitled to statutory redundancy compensation if either the employee or the employer decides it is unsuccessful. The period may be extended for any necessary training.

 

 

So my advice accept is on a 4 week trial basis, then if your not happy tell the employer, as that way you will be entitled to redundancy.

[teaboy2]

Sorry for the wall of text, it was written in paragraphs but when i posted it it appeared as a wall of text. Also for some reason, all day to day i have not been able to save my attempts to edit my posts - So unable to edit it as well.

[Sidewinder]

Teaboy is correct. The need for a CRB check needs to be questioned, as is employment was not conditional on this in the first place, then this would be a major contractual change. Whilst the employer could argue that this change is absolutely necessary for business reasons, they cannot insist that he moves or quits. He either moves, or would have to be made redundant - unless he has a satisfactory mobility clause in his contract.

 

Similarly with your own situation, whilst the employer can require you to make changes to your location or even working hours, such changes must be 'reasonable' unless you have a covering clause in your contract. There is no legal definition of what is reasonable as this depends on individual circumstances, and childcare, transport provision, family commitments etc would all be relevant, although ultimately only a Tribunal could determine whether a subsequent dismissal on the grounds of refusing to move was 'reasonable' in a particular case. Once again, it is a case of move, or be made redundant, and as the post above states, in a straight choice between the two, the employee would have the option of a trial period to suck it and see, after which they may permanently accept the change, or still opt for redundancy.