My employer is moving my job

DavidAdam

My employer is moving my job from its current location in Dundalk to a new location 48 kilometers away in Northern Ireland. I have worked for him for 27 years and he tells me that I have no option but to go or leave my job. He says that this is not a redundancy situation but a transfer from one of his companies to another and so redundancy is not available. So are my only options are either to resign or transfer? I do not want to drive another 48 km to work. He is giving me the same salary but will not make any contribution to the travelling costs.

jackinthemix94

Does your employment contract state that you can only work at the current location, or does it say that you work at wherever is suitable for the business? My contract (basically) states the latter.

Legally, you're entitled to zero as far as I know - He isn't making you redundant, he's offering you an alternative solution, and 48km isn't THAT far really - although I appreciate that you don't want to increase your travel time.

Employers aren't legally obligated to provide travel costs.

Unfortunately those options are correct.

nikkibikki

Is there a contract or employee handbook you can refer to? First thing jumping out at me is you will be working in the UK, not sure how that works tax wise etc. You'd really need to give the employment rights crowd a call to find out if they can make you move or if they can refuse to make you redundant.

jackinthemix94

He's not being made redundant, they're keeping his job in the new location. He may choose to leave. A lot of people travel more than that for work.

dudara

Could a change like this, after 27 years, be considered as constructive dismissal?

I think OP that you need to seek professional advice here.

DavidAdam

MY contract of employment is with the company in Dundalk. It makes no reference to having to work at another location. The company in Northern Ireland whilst owned by the same person is a different company.

Damien360

jackinthemix94 wrote: »

Does your employment contract state that you can only work at the current location, or does it say that you work at wherever is suitable for the business? My contract (basically) states the latter.

Legally, you're entitled to zero as far as I know - He isn't making you redundant, he's offering you an alternative solution, and 48km isn't THAT far really - although I appreciate that you don't want to increase your travel time.

Employers aren't legally obligated to provide travel costs.

Unfortunately those options are correct.

Do those rules apply if you are changing tax jurisdiction ? I assume OP will now be paid in sterling and pay UK tax. I figure half of Donegal does this but how does that effect their access to benefits (if any) by living south of the border and working north of it.

DavidAdam

MY contract of employment is with the company in Dundalk. It makes no reference to having to work at another location. The company in Northern Ireland whilst owned by the same person is a different company. There is a union at the company but I am not a member. The union have a limit of 20 kilometers on the distance that their members will be asked to move.

drunkmonkey

I'd assume you'd have to follow the work if it's within the same country but he's moving to the UK I doubt the same rules apply so i'd say legally your entitled to redundancy as that's a substancial change in your working conditions.

bmwguy

While I am no employment lawyer (i am an accountant) I would be reasonably sure that since it is a different legal entity in a different tax jurisdiction you would be a prime candidate for compensation (i.e. redundancy). Just because the shareholders in both companies is the same doesn't mean he can transfer you like this. The distance is less of a factor legally but you'd want to talk to someone in the know, try FLAC (Free legal advice) before engaging a paid professional

ahnowbrowncow

Will the company in dundalk still be operating as normal? If it is and they plan to replace you it looks like an unfair dismissal otherwise you should be entitled to redundancy. I'd be getting some legal advice.

Shaque attack

ahnowbrowncow wrote:

Will the company in dundalk still be operating as normal? If it is and they plan to replace you it looks like an unfair dismissal otherwise you should be entitled to redundancy. I'd be getting some legal advice.

ahnowbrowncow wrote:

Will the company in dundalk still be operating as normal? If it is and they plan to replace you it looks like an unfair dismissal otherwise you should be entitled to redundancy. I'd be getting some legal advice.

Are they trying to move any of the union staff?

DavidAdam

None of the union people. They asked a number of other people from my department and two another department in 2015 to move. Some moved and some refused to move. Those that refused to move were paid redundancy and left. The people that were paid redundancy had only worked for a small number of years and so their redundancy payment was small. But my redundancy would be in excess of €30k.

Stheno

DavidAdam wrote: »

None of the union people. They asked a number of other people from my department and two another department in 2015 to move. Some moved and some refused to move. Those that refused to move were paid redundancy and left. The people that were paid redundancy had only worked for a small number of years and so their redundancy payment was small. But my redundancy would be in excess of €30k.

Seek legal advice

jackinthemix94

Stheno wrote: »

Seek legal advice

I agree. I did a lot of this for my degree but once it becomes complex ALWAYS seek legal advice.

bigar

You have a contract with the company. Ask them if your current job is will be made available at the company when you leave and if they will replace you in your job. If they say no, then this is definitely being made redundant no matter what your employer says. You will undoubtedly be asked to sign a new contract if this is a completely different company so they need to end your current contract. Your employer just wants to weasel out of redundancy payment.

There is quite a bit on Citizensinformation.ie about Redundancy.

uck51js9zml2yt

The OP is being asked to work in a foreign country.
I can't see how they can say he has no choice and no redundancy.
As said already, legal advice is needed.

ressem

So would your pay be in sterling, tax, contributions, paid to the UK, with all the uncertainty introduced by that?

http://collierbroderick.com/employment-law/transfer-of-undertakings-an-overview/

a snippit of which is
"
Termination of employment arising out of changes to working conditions to the detriment of the employee is regarded as the responsibility of the employer imposing the changes and would be considered to be a possible constructive dismissal.
Although the UK transfer regulations provide for a right of refusal to transfer to another employer, in Ireland the (Protection of Employees on Transfer of Undertakings) Regulations are silent on the consequences for an employee who refuses to transfer.
An employee cannot be forced to work for the new employer.
However, equally, an employee cannot insist on continuing to work with the old employer if the whole business, or the part of the business in which they have been employed, transfers.
"

It doesn't sound as though the business has transferred. Sounds more like the owners closing one entity and opening another.

BabySlam

Get proper legal advice as a matter of urgency.

Senna

Damien360 wrote: »

Do those rules apply if you are changing tax jurisdiction ? I assume OP will now be paid in sterling and pay UK tax. I figure half of Donegal does this but how does that effect their access to benefits (if any) by living south of the border and working north of it.

OT but you are entitled to a medical card in the Republic if you work in the North and pay NI but reside in the Republic.

micks

as said get legal advice asap

Redundancy can be chosen over redeployment in several instances