Job being moved 35 km away - can I get redundancy?

LegacyUser

My job is moving 35 kms away , I don't want to go with them because the extra travel will have a huge effect on my family life, can I seek to get redundancy pay

Stheno

Job relocating 35km aeay wrote: »

My job is moving 35 kms away , I don't want to go with them because the extra travel will have a huge effect on my family life, can I seek to get redundancy pay

I don't think so as your role is not redundant, it's a grey area in terms of rulings in the courts. You may benefit from some legal advice

Nody

The HSE used 50km as base for such decisions so I highly doubt you're going to get redundancy.

Wabbit Ears

You are entitled to nothing. No relocation fe, no raise to cover transport fees or any sort of redundancy. It sucks as my wife was in this situation where her job relocated to leopardstown from city center and we lived on the opposite side of the city.

therecklessone

Job relocating 35km aeay wrote: »

My job is moving 35 kms away , I don't want to go with them because the extra travel will have a huge effect on my family life, can I seek to get redundancy pay

Distance can be taken into consideration when deciding if a redundancy situation has occured but it judged on a case-by-case basis.

The (public-service) Croke Park agreement set 45km as a reasonable distance for reloaction/reassigment but that was from your home or your original workplace (whichever resulted in the shorter distance) i.e. if you lived 15km from work, and your new workplace was a 45km drive from the original workplace, then the workplace-to-workplace distance was 45km and ok, but the home-to-workplace distance was 60km and therefore more than allowed.

There have also been cases that have taken commute and impact on family life into account.

The guiding principle is whether the move results in a reasonable impact on a person's life, there is no objective rule on what is reasonable and depends on your circumstances.

As always, I'd suggest that you seek advice from an employment solicitor before deciding how to proceed.

Best of luck.

Bandana boy

I am not sure how exact this is but I have a figure of 17km stuck in my head from a move I was involved in back in the early noughties.
ie < 17KM no redundancy >17Km a significant change and possible redundancy.
I could be confusing KM with Miles but either way I think 35km move with meet both criteria

Your own commute plays no factor in the move it is purely on premises move.

Best bet is a solictor/union rep

therecklessone

Sorry, I should have added:

Your contract may state that you can be moved to other workplaces, in which case your claim would be extremely unlikely to be successful.

You'll find a bit more info here:

http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/redundancy/overview_redundancy.html

Bandana boy

therecklessone wrote: »

Distance can be taken into consideration when deciding if a redundancy situation has occured but it judged on a case-by-case basis.

The (public-service) Croke Park agreement set 45km as a reasonable distance for reloaction/reassigment but that was from your home or your original workplace (whichever resulted in the shorter distance) i.e. if you lived 15km from work, and your new workplace was a 45km drive from the original workplace, then the workplace-to-workplace distance was 45km and ok, but the home-to-workplace distance was 60km and therefore more than allowed.

There have also been cases that have taken commute and impact on family life into account.

The guiding principle is whether the move results in a reasonable impact on a person's life, there is no objective rule on what is reasonable and depends on your circumstances.

As always, I'd suggest that you seek advice from an employment solicitor before deciding how to proceed.

Best of luck.

Your own commute plays no role , as that is a choice you make not your employer
Sure there are many people you could not move the premises 1 meter if this was the case

therecklessone

Bandana boy wrote: »

Your own commute plays no role , as that is a choice you make not your employer
Sure there are many people you could not move the premises 1 meter if this was the case

Of course commute can be taken into account. If in the OPs' case the workplace was moving to next door to their home they wouldn't have a leg to stand on grounds of distance, as they could reasonably commute to the new workplace.

The converse may also be taken into account, but may also include consideration of public transport options and other factors that may make the commute easier as well as harder.

There is case law where an offer of alternative employment due to a relocation (and the position at the new workplace was already filled) being judged reasonable due to commute from home to new workplace:

http://www.cpaireland.ie/docs/default-source/Students/Study-Support/P1-Corporate-Laws-Governance/dismissal-by-reason-of-redundancy-and-redundancy-payment-acts-1967-2007.pdf?sfvrsn=0

Evidence was given that the travelling time from Caulfield’s home to the new location was in or about the same as the travelling time to his former workplace. Accordingly he did not succeed in his claim as the EAT felt that the offer of alternate employment was reasonable in the circumstances.

As I stated in my first post, the guiding principle is reasonableness.