What are my rights???

Abedici

I have been working with my current employer, an american computer company for the past 4 years. There has been a big reduction in work in the past few months and i have been informed that there is no more work for me. I have been asked to relocate to Dublin from Limerick without receiving any extra pay or relocation fee. Relocation is not an option for me at present aside from the financial issue. I had a meeting with HR last week and was asked the question "why cant i leave, whats stopping me from leaving". I have been informed that since i will not take the job in Dublin (of which i have not received a job spec and have no details) that i will most likely be let go. I have informed my employer that i have no problem leaving the company if they give me a redundancy payment. They are opposed to this. HR also infromed me that there were no redundancies taking place at present but i have since found that there are redundancies in my companies engineering section in the same office. I feel i am being totally messed around with and that i am being forced out. I have being diagnosed with a chronic illness and missed 5 months work because of this earlier this year. I feel this is the real reason they are trying to make me leave. No other workers aside from myself is being asked to relocate. I know i have certain rights as an employee but im not sure how i tackle this situation. Should i just wait for the company to make their next move before i do anything.

ABajaninCork

Do you have union representation? I would make either that or speaking to an employment lawyer my first step.

Do not wait for HR to make a move. Arm yourself with knowledge, and prepare yourself.

Abedici

Thanks ABajaninCork for your comment. I do not have a union unfortunately. I have spoken to (NERA) National Employment Rights Association and thought it best to wait until the company gets back to me. I think that getting my solicitor involved too early could cause more problems.

wmpdd3

I think getting advice from you solicitor may be the best option, even though it is so expansive.

You could put your position in writing to the company. State, you are not in a position to move to Dublin. You wish to continue you current position in the location you are in and if this is not possible you will be seeking redundancy. It cant hurt to have all of this in a matter of fact letter. Hopefully they will respond in writing and you can bring this to a solicitor and get the ball rolling.

Eoin

There does not seem to be any set rules on how far a location has to be before it's a redundancy situation, but it's hard to imagine that moving from Limerick to Dublin wouldn't qualify for that.

I think that getting my solicitor involved too early could cause more problems.

You don't have to get a solicitor directly involved with your employer yet, but you can discuss it with them so you're armed with the right knowledge.

ABajaninCork

Eoin wrote: »

There does not seem to be any set rules on how far a location has to be before it's a redundancy situation, but it's hard to imagine that moving from Limerick to Dublin wouldn't qualify for that.



You don't have to get a solicitor directly involved with your employer yet, but you can discuss it with them so you're armed with the right knowledge.

This. That's why I say to forearm yourself with info. The company do not have to know that you have a solicitor at this stage. But you MUST be prepared!

bizzielizzie

It seems that they are going to force you out of work and they are trying to do this without paying you redundancy.

1. Check your contract for a clause regarding place of work. It may provide that your employer can change your place of work at their discretion. However, they cannot do this unreasonably. It seems very unreasonable to expect someone to move from Dublin to Limerick (or was it vice versa). You should object to this, in writing, citing why it is unreasonable. You should mention family living in dublin etc, if that is the case. There was a case before the Equality Tribunal where it was held that it was discrimination to expect someone to relocate when they had a young family and family commitments. Im sorry I cant remember better particulars of it.

2. You should be aware that under the Redundancy Payments Acts, if the amount of work diminishes then this constitutes a redundancy situation. Look up the Act on irishstatutebook.ie

3. You need to make sure that you create a paper trail with your employer. It is very easy for them to deny anything said over the phone, or at a meeting where no minutes were taken. Get them to put in writing that they are relocating you and the reason why. You need to write to them, as i said at point one, setting out why you cannot relocate. You also need to stress that no-one else has been asked to relocate. Ask them why you are the only one.

4. You then need to make a formal written grievance, and I know this can be very daunting and unpleasant. Refer to the grievance procedure for this. The basis of your grievance is either that there is redundancy at all and they are simply trying to get rid of you, or, that this is a redundancy situation and they need to pay you accordingly. You need to include the details why you cannot relocate, why it is a redundancy, that others have been redundant, and the fact that you have been unfairly selected for redundancy.

5. It is highly unlikely that any of this will have any effect on the decision which your employer seems to have already made. However, if you subsequently bring a case against them, then it will go in your favour to have this evidence.

6. You can bring a claim of unfair dismissal and the basis of this would be that you were unfairly selected for redundancy. You could alternatively bring a claim for discriminatory dismissal on the basis that you were fired because you had a disability (disability has an extremely broad definition under the Employment Equality Acts and whatever kept you out of work for those months will more than likely be considered a disability). You argue you were discriminated agaisnt (ie fired) because of your disability. Alternatively, if you accept that this is a redundancy situation and your employer simply refuses to pay, then you can bring an action under the Redundancy Payments Acts. You do need to file your complaint as soon as possible after your date of termination. I hope some of this is helpful and not too muddled.