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.  

     

     

     

     

     

     

     

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    David Benson Solicitors

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