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Employment rights - can they move him?


A pal of mine is in a predicament - the company he works for is forcing him to move to an office 40 miles from home, knowing full well he hasn't passed his driving test yet. His face no longer fits at the office he is at. There are 9 other local branches he could get to by bus, but they are moving him - so he thinks they just want him to leave. Where does he stand in the UK?

By the way - he has been with this company for 3 yrs, but it was recently taken over by a man who is bringing his own staff in.

As with the first answer. This is known as constructive dismissal. If an employer changes your contract, work conditions or job description in such a way as to make it difficult for you to work then they can be taken to an industrial tribunal. I suggest your friend contacts the ACAS helpline 08457 474747 if this dispute is not soluble directly with his employer.
I personally would take the opportunity to negotiate a decent redundancy package as it sounds as if the job isn't going to be worth staying at.

Sounds like constructive dismissal - a tribunal might easily rule this to be unfair dismissal if the company could not show it was necessary to move him to that office.
Before going to a tribunal, your friend must make a formal request not to be moved, or to be moved to a more convenient office.

Im not sure of the exact laws but i'm sure he must have a contract and in that contract it should state which branch he is employed at . If it does he could say they are breeching their end of the contract? Would advise him to join a union if he hasnt already and contact a union rep!I think they should have to accomodate him with his travel plans or al least give him a suitable notice period

follow the link.

http://www.direct.gov.uk/en/Employment/E...

yes its wrong but in all fairness, does he really want to work for a company like that.
Its often not worth taking to courts. but ring acas

I agree with Gav. Your pal ought to get help and take the company to an industrial tribunal. I represented someone at a tribunal once against the Department of Social Security and won. It's an easy and worthwhile thing to do if your pal is being treated unfairly, which I think he is. Give him all the encouragement he needs.

The answers on here are good, as ever. However the legal position is as follows;

Look at his contract of employment. There should be a section saying 'place of work'. Does that say 'at whatever location may be demanded of him' or similar?

If so, this is termed a 'mobility clause' and he has no claim.
If there is no such clause, then moving him to another place of work is constructive dismissal; or closing his existing place of work down and moving him amounts to a redundancy.

If he has no contract, then that's a breach of the employer's obligations in itself, but the tribunal will not impose a mobility clause unless one has been specifically agreed.

That's where he stands.

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