My boss announced that he plans to move his marketing agency to Bristol a 200 mile round trip away?
We have one week to decide if we wish to keep our jobs and move to Bristol at the end of the month... is he allowed by law to do this?
Furthermore I have been working for the business for 8 months and requesting a contract which was never supplied to me. Where do I stand?! Thanks for all your help
Answers:
Hi Bartyontour, Before I begin, I would like to say that any employment taken up with an employer is deemed as a contract allbeit verbal, secondly it is the employer who has to ensure that a written contract is made and given to the empolyee with in a period of 8 weeks. For those who just want to earn the points go to the joke section and add points there, if you know nothing about this type of situation, dont give bad advice as this could lead to all sorts of problems.
First lets take the contract your boss has not given you. it is said that, The contract doesn’t have to be in writing, but you’re entitled to a written statement of the main terms within two months of starting work.
The contract is made as soon as you accept a job offer, and both sides are then bound by its terms until it’s properly ended (usually by giving notice) or until the terms are changed (usually by mutual agreement). So no matter if you don't have a written contract, you are still covered by a verbal contract which have the same conditions.
As for moving, if your boss has decided to move his location to a more prospective area then he has that right, however. If your employer moves the location of their business, your situation depends firstly on the terms of your contract of employment. Some contracts include a 'mobility clause' which says you have to move within certain limits. If you have a mobility clause in your contract your employer can normally force you to move to places allowed by the clause unless this is completely unreasonable (such as asking you to move to another country with only one days notice).
Reasons you might not want to go to the new location could include:
increased travel costs and time
if you need to move house, not being able to afford a house at the new location, or not wanting to leave your current home
your family situation, like having older parents who need you to care for them, your children's education If you don't want to move with your employer, you may become redundant because: the job at the current location no longer exists
you're being offered an alternative, but you refuse the offer as not suitable to you. Whether you get a redundancy payment depends on a number of factors, including how long you've been working for your employer. However, the most important question is whether you've ' unreasonably' refused an offer of suitable alternative work. There is no fixed distance which is 'reasonable'- it depends on your particular circumstances. If the new location is just a few miles away and you can drive or easily take public transport, it will probably be unreasonable to turn down the offer. If, however, it involves a difficult journey, even if it's only a few miles away, or affects personal matters like your family situation or children's education, it may be reasonable to say no.
When you are facing redundancy there is a right to a trial period in any alternative job you are offered - check the link below for more information. Redundancy is a dismissal so you can always consider an unfair dismissal claim if you feel badly treated.
Reasons for deciding to relocate with your employerA good relocation package
Your employer doesn't have to offer you any compensation for relocating, unless it's included in your contract of employment. They may offer you financial help, including help with legal fees, excess fares, moving expenses and temporary accommodation. If you turn down the offer of relocation and you've been offered compensation, you may not get a redundancy payment.
Good future job prospects
Your new job may be different from your old job, but better paid and with the chance for personal development. It may be worthwhile agreeing a trial period, perhaps while you commute or move to temporary accommodation in the new area, to see if you like the new job. If you agree a trial period, it's a good idea to do so in advance, and in writing.
If you're in a redundancy situation, you have a statutory right to a four week trial period. If you do decide to move, even to a new position, your employment is continuous, and your statutory rights are unchanged.
What happens if your employer has been taken over and the new owners want to relocate?
Your rights are protected under regulations known as TUPE - Transfer of Undertakings (Protection of Employment) - under which all of your existing rights, including contractual rights and redundancy protection, are unchanged. It makes no difference that it's a new owner that introduces the relocation.
I hope this helps. Good luck bartyontour.David
If you were never given a contract thn you are actually never professionally linked with the company. Your boss is in his full right to move his business to where-ever he likes, but, he must give the option that all staff still have there jobs if they would like to move with him to the new location to work (this does not apply to international moves).
It is truely up to you if you want to move or not, I am sure you can and will find another job in your area if you dont.
No I dont think he is allowed to do that, The best think to do is get in touch with a t.v show called watchdog here are a few handy web adresses,
http://www.bbc.co.uk/consumer/guides_to/...
or
http://www.bbc.co.uk/consumer/tv_and_rad...
I hope this problem does improve but if your boss insists get intouch with watchdog
Your employer is allowed to move his business wherever he chooses!
By law, you have to have written terms and conditions of employment within 8 weeks of starting, but written terms won't help you here as you have been employed for less than 2 yrs and so have no redundancy rights.
A contract does exist between you and this employer - the fact that you turn up for work, are given work and paid constitutes a contract in UK law.
Basically, you have to decide whether to relocate with this company or leave.
Move, Bristol's brilliant
I know I am claiming points here, when an agreement with David Wilson's contribution has been 'ticked', but the long contribution mentioning TUPE is so accurate, I could have written it myself!
This is worthy of a Starred Answer.
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: