Transfer of Job issues

RedB

Hi,

Hope this is the right place to query what rights would be available regarding the following scenario - Working for a 5+ years in a branch office that may be closed down and been requested to transfer to the head office. This would involve a considerable challenge as it would result in a very long commute or even having to stay away from home during the week. Relocation not an option.

1) Presumably redundancy payment would be appropriate if declined the transfer?
2) If accept the transfer, would a 1-3 month trial period be reasonable to expect with the option to reverting to taking redundancy? How long could that trial be reasonably extended to e.g. 6-12 months? (as while commuting may be ok in the short term, it may not be sustainable long term)

Procrastastudy

Unlikely they would agree to a trial with reversion to redundancy. If they do get it in writing.

Eoin

Is it the same role, or an alternative role? From reading this page, it looks like you can take an alternative role on a 4 week trial basis.

How far away is the head office compared to your current location? Unfortunately there's no distance specified in law as far as I know, but if the relocation is a considerable distance, it could be considered grounds for redundancy. This page has a bit more info. I know you said "a very long" commute would be required, but that could still be to travel a relatively short distance. For example, my previous employer located from one Dublin city centre location to another, but because of the crappy transport links, it would have doubled my commute to about 90+ minutes either way on a good day. Though if you're talking about having to stay over, that does imply quite a distance.

RedB

Thanks for the feedback.

Its the same role but on the other side of the country. It would either involve some extreme daily commuting or some version of staying away from home 1-4 nights a week. The job and the people are good so willing to try those options but to assist in negotiating what way the finer details work out, I'm trying to figure out if redundancy and trial periods can be factored in.

Eoin

I think any employment lawyer could tell you very quickly if commuting across the country would be considered a reasonable relocation distance or not. I know what I think.

On the trial thing - if it's the same role, then I don't know if it applies. So you might have to use the above point to argue for a trial, rather than being entitled to it. I'm purely going by the link above, so there's a good chance I'm talking out my arse.

I think you might be at the stage where you need to get professional legal advice.

Bandana boy

I believe 15 miles was the magic number of inside you do not have to offer redundancy outside off you do have to offer redundancy.
This is from a move my company went through about 8 years ago so things may have changed.

I would be careful about doing trials and still expecting redundancy.I believe that there is a very short timeline circa 13 weeks after which your current terms and conditions are the norm.
So they could take redundancy of the table and refusing to continue could be construed as quitting.