Hi Ray - have they offered you consultation yet? I was under the impression that a miniumum of 30 days should be adhered to.
Its what I got - and even through that process I had the right of appeal as I was the only one being made redundant - and not through outsourcing (though I've been through that too)
Good luck with whatever you find out - let us know how you get on.
The best thing I ever did - at last I'm in control!
Keep us informed Ray - we're all here to support you.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
Ray that changes the position somewhat with the info I gave you. TUPE is not applicable to the revised scenario.
As mention above they would need to consult with you on the reasons for relocation and the associated business case. The legal minimum consultation period is 14 days. In this period your employer would be expected to discuss with you the opportunity to relocate with your role and if this was not viable alternative roles within the company you maybe suitable for.
They are not obliged to compensate you for the relocation and if you were not willing then as result of the relocation your role with the business would fall under a redundacy sceanrio. They may choose to upskill the role (if there is an enhanced package) and again they would be within their rights.
Its worth rememeber that in the above scenario they are likely to have strong procedures surround relocation, so in a tribunal scenario the burden of proof would be on you to prove what would be constructive dismissal.
Employment law is very heavily weighted towards the employer and if your service is less than one year you wont be eligable to claim constructive dismissal.
Hope that adds further clarity even if its not what you wanted to hear.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
Hope you get it sorted Ray - this certainly wouldn't be covered under TUPE - are there any other positions in your office you could be re-deployed to?
If you think its unfair dismissal, remember you don't necessarily have to go to a tribunal, if both parties agree ACAS can step in, listen to both sides and make a decision without it going to a tribunal. However, the decision made by ACAS will be final and cannot be appealed against.
In the first instance you should raise your concern to your line Manager or HR dept as the way you have discovered this potential end of employment is not acceptable and it would be interesting to see what they say.
Unfortunately all the positions within the company are filled at the moment - they have just hired 2 staff for 2 new positions which is a pain because if I had known beforehand I could of applied for these. I think I will go down the ACAS route and will keep you all posted of the outcome.
Once again thank you everyone for taking the time to reply [:)]
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
Just to add....companies only have to hold consultations if there are 50 or more employees, this is under The Information and Consultation of Employees Regulations 2004.
Nothing as of yet, however tomorrow they have people coming down to view the Helpdesk I work on who are to do with all of what is happening - will be interesting
