UK Employment Law
Ask an UK Employment Law Question, Get an Answer ASAP!
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know exactly how long you have worked there.
Hello, sorry I was offline by the time you had replied. What do you wish to do in this situation - are you going to take up the new position that has been offered or will you seek redundancy instead?
The closure of an office will amount to redundancy. In that case the employer is under a duty to try and offer the affected employees suitable alternative employment (SAE) in order to try and avoid having to make them redundant. In your situation the proposed SAE would be the a job at the new location.
If an employee accepts an offer of SAE, their employment will continue in the new position and they would lose their entitlement to a redundancy payment.
If the offer is considered unsuitable and the employee refuses it, they will still keep their entitlement to redundancy pay. However, if an offer of SAE has been made and the employee unreasonably refuses it, they would lose their entitlement to redundancy pay.
So the issue is whether this new location amounts to SAE for you. If you believe that it does not and you reject it, then your employer can issue you with notice of redundancy at any point until the closure of the office and pay you the remainder of your notice period in lieu. This means that if they delay giving you notice until the office actually closes, you would still be entitled to receive the full notice period you are entitled to and this should be paid in lieu.
If you were to accept the offer given to you then you will be implying that it amounts to SAE and your employment will simply continue in that new position. Your contractual terms will not change apart from your new location. As such, if you were to accept this new location and move to it you would still be bound by your current notice period if you were seeking to leave their employment by resigning.
I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you
I have a young family (ages 2 & 4). I currently live 3 miles away from the office, therefore I am able to meet all my family commitments (nursery drop-off and pick-up). I leave home at 8am to drop the children off at nursery, and I am home by 5:30pm at the latest to feed, bath, spend time with my children before bedtime at 7pm. If I were to travel to the new office this journey would take at least 1 hour to 1 hour and 10 mins in the morning and at least 50 mins in the evenings. This means that in order to still take my children to nursery at 8am and be home at 5:30pm my usual 7.5 hour day (including lunch), would have to be reduced to 6 hour day (excluding a lunch break).
This would mean that I would need to take a reduction in my working hours as well as a reduction in pay in order to move to the new office. Would this be considered reasonable grounds for redundancy?
Whether a new position is suitable will depend largely on your personal circumstances and from what you have mentioned there would be reasonable grounds to refuse it and claim that it is not suitable and that you should be entitled to redundancy instead
Great thank you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).