Can my employer make me redundant if my job still exists?

27th Sep 2018

My employer has told me that I will be made redundant as the part of the business I work in would prefer to have someone who is on site full time. 

I have been in my current role 9 years, it is a head office central function role, requiring travel to various locations.  My contract states that I will travel as required to perform my role.  

My employer has now decided that to do the role effectively I must be in one location permanently, this location is 300 miles away, therefore unless I uplift my family, my job will be given to someone else and I will be forcibly made redundant. 

The role remains the same apart from this one change.

Do I have grounds for claiming unfair dismissal? 

There have been no issues with my performance and I have not been consulted in the decision process.

Any advice appreciated.

CATEGORY: Employment

LOCATION: MERSEYSIDE

1 answer
  • David Benson Solicitors

     

    Your employer’s decision requesting you to work at a location 300 miles away from your home is an unfair decision. However, your employer can rely on your contract of employment to justify his decision.

     

    If your employer wants to make you redundant, he should use a fair a fair and objective way of selecting you for redundancy as redundancy is a form of dismissal from your job.  Unfair dismissal occurs when your employer has not followed a fair redundancy process. Employer must speak to you directly why you have been chosen for redundancy and what are the alternatives available to you, if this is not happened, you might have been unfairly dismissed.

     

    If you consider that your employer has not followed a fair process or you have chosen for unfair reason, you might be able to claim unfair dismissal.  

     

     

     

     

     

     

     

    Did you find this answer helpful?

    David Benson Solicitors

    Did you find this answer helpful?

Can you help with this question? Provide an answer and receive contribution points to help promote your firm.

CANCEL Please ensure your response adheres to our community guidelines before posting.

You might be interested in these questions

  • My employer has today told me that there are no hours for me anymore

    After being told by my boss that there are no hours left for me I then sit in the car thinking what to do next. Within 5 mins I re-enter to ask her when I will get my final wage where I find someone else already doing my job which they had hidden in the back till I had left. Surely this can't be right?

    CATEGORY: Employment 1 answer
  • Can you be dismissed instantly after 7 months?

    My daughter has been working as a manager for a company since July 2017 and has recently learned that she is pregnant. Today she has been dismissed and the reasons given are simply not genuine and have been dreamed up we believe because she is pregnant. There has been no disciplinary procedure been followed and she has been given instant dismissal...

    CATEGORY: Employment 1 answer

HAVE A LEGAL QUESTION?

Posting a question is completely free and we have qualified solicitors ready to help you. To get started simply click the link below.

ASK A QUESTION
Find a solicitor

Find a solicitor

Use our find a solicitor service to find and compare the best Employment solicitors from around the UK. Narrow your search down to a particular town or county to find local solicitors that practice Employment law.

View Solicitors
The ultimate guide to hiring a solicitor

The ultimate guide to hiring a solicitor

Hiring a solicitor for any legal issue can feel quite daunting. It is important that you make a good decision, but you may not know what to look for and how to chose a solicitor that is right for you. To help make the process easier, we have created the ultimate guide to hiring a solicitor. We have highlighted some of the key considerations you should take into account, as well as some handy tips to help make finding and choosing a solicitor both stress and hassle free.

Read More
  • This month
  • All time
  • OTS Solicitors

    OTS Solicitors

    0203 959 9123

    2 Answers

    PROFILE
  • Bridge Law Solicitors Limited

    Bridge Law Solicitors Limited

    0161 427 0084

    2 Answers

    PROFILE
  • Kent Criminal Law

    Kent Criminal Law

    01843 799121

    1 Answer

    PROFILE
Loading...