Connor about for some advice

Can you help me with a bit of advice Connor ,our redundancy situation has moved a step forward today ,there now saying what trucks that are left will move too another depot on the 8/9 th may ,they want you too go with the truck and are offering £50 fuel allowance p.w if you agree too go and work at this other depot ,if you don’t im told you have to go too a meeting with hr and give them a bloody good reason why you won’t work out oR this other depot , there saying it may be temporary as they have work coming forbthe existing depot but it could be 2/3 weeks ,6 months or never .
So even though there offering £50 p.w travel allowance it would mean a 100 mile per day round trip ,too far so I would like my redundancy ,now if I refuse too transfer ( 100 mile r/t ) how do,I stand ,as there taking my truck away from my Home Depot does that mean they have too make me redundant or am I making myself redundant .
I’m finding this all very confusing ,I thought they’d justbsay truck are going ,no work ,we’re making you redundant ,but I’m perplexed why I have too explain why I won’t transfer when I told them I wouldn’t due too distance involved on my 1st 1/1
There making this hard work ,thanks for any advice you can give me Conor ,ta

Not sure why Conor is the authority on this but here’s my take on it.
A. Does your contract state a location where you work from?
B. Does your contract have a clause saying you may be required to work from other depots?
If the answer is no then they are making your position redundant irrespective of them offering you a position down the road.
You don’t need to give them a good reason why you aren’t prepared to travel - it’s not for you to justify their move for them.

Maybe he thinks Conor’s been made redundant a lot.

50 mile each way commute would fail a test of reasonableness in court. I also think even if there is a contractual mobility clause (which I think is likely) it would still be considered unreasonable.

For example if you worked at the local Tesco that then closes and moves to a new store on the outskirts of town you would in a case like that be considered to have made yourself redundant if you refused to move a 100 mile round trip is another story.

Phone ACAS.

Own Account Driver:
Maybe he thinks Conor’s been made redundant a lot.

50 mile each way commute would fail a test of reasonableness in court. I also think even if there is a contractual mobility clause (which I think is likely) it would still be considered unreasonable.

For example if you worked at the local Tesco that then closes and moves to a new store on the outskirts of town you would in a case like that be considered to have made yourself redundant if you refused to move a 100 mile round trip is another story.

Phone ACAS.

+1
Im presuming you have been employed for 2 years +
ACAS is definately worth a call on this.
Whilst waiting for Connor my tupence worth is as above in that its unreasonable and unenforceable to expect you to travel so far (unfair contract terms act covers this), the £50 remunneration is also a joke for such a distance.

You should be offered voluntary redundancy and your redundancy package outlined at the HR meeting, any pressure on you to quit could be deemed constructive /unfair dissmissal (I think).

Place of work
Your principal place of work will be nwk ,however,the company reserves the right to transfer you to another operating centre within reasonable traveling distance ,on either a temporary or indefinite basis after consultation with you .
This is what it states in my contract ,I guess we’re going to end up in a argument with hr over what is a reasonable distance too travel too work ,there saying they will plan you taking into account your traveling so I’m told ,but we all know that isn’t really possible where truck driving is concerned ,there saying its temporary but they can’t give a definite how long .
I’m just going too hope after 12 years service that they do the decent thing ,accept its not reasonable to travel 50 miles too work and make me redundant .
Thanks for your help ,just asked Connor as been on here for yearscwithnhim and he’s always tried too help me ,thanks again

They are offering you roughly £2500 a year compensation for the travelling expenses. I doubt very much whether they will have committed themselves to this arrangement lasting more than 2 years. If you are on day work, at 35 mpg you’re going to be spending over £70 a week on fuel alone. Your car will be clocking up 25,000 miles in that year. You’re going to be looking at needing a new car every three or four years.

As has been said, what they are asking is unreasonable. A 50-mile commute each way could, at the wrong time and depending on where you are, take a couple of hours in one direction at least and they will no doubt expect 15 hours out of you on top of that. As for £50 per week travel money for 500 miles, bear in mind that I and no doubt many others can claim 45p per mile when on the firm’s business to cover fuel and wear and tear.

Get down to the Citizens Advice, and quick.

I’d be wanting £45 a day, as that’s the claimable allowance for that distance, which will come off their tax bill anyway, then go on spareroom.com and find yourself a room in a house share for about £60 a week. Cha ching

A combination of m1cks and Own Account Drivers posts are the correct answer.

If an employer decides they no longer wish your job to be carried on in a location then the staff carrying on that role are redundant, regardless of whether the fact the job is moved elsewhere to another depot or not.

However to be entitled to redundancy…

Basically you need to check your employment contract for a mobility clause which will state, if it exists, a distance limit which it can expect employees to work from other than their main depot. That clause has to pass a “fair terms” test so they can’t for example base you at Goole and have a mobility clause saying you can work at any depot in the UK, that’s unreasonable. However expecting you to work out of Doncaster for example wouldn’t be even though you walked to work previously and Doncaster would mean a 60 mile round trip for judging if a commute would be classed as reasonable or not.

If there’s no such clause then an employee can choose whether to move or take redundancy however redundancy can be refused if the move was to a location where it is reasonable to expect someone to travel to. I would argue that a 100 mile round trip is not reasonable, especially expecting someone to travel 50 miles/ over an hour at the end of a typical working day in haulage. Basically DWP have a “travel to work” distance and HMRC also class an area as “normal commuting” for mileage expense claims which tend to be around 1hr/30-35 miles each way in both cases so you should use that as a yardstick.

Ultimately though it is a judge at a tribunal who will decide what is classed as a reasonable distance. The employer paying some of the increased costs does have a bearing on it.

Thanks all ,I’ve now had phone calls from other depots ( ops managers ) saying I’d shown a intrest in working at these depots :confused: ,I haven’t and after ringing my depot to query what was going on I was told they’d put my name forward as I live South of my depot and these depots are South( about 50 miles ) ,on returning tonight I told them I wasn’t going anywhere else and as such I believe they have no other option than make me redundant as all other depots were too far from my home ,they said all your option would be put before you next week and they did not include redundancy as there were more than enough driving jobs within the group .
My mate has now told me not too blow a gasket at this meeting ,just stay calm and just say all other depots are not a reasonable distance too travel too work , I was only able too work at my own depot and quite prepared too do that ,then say no more ,leave the ball in there court ,there will be no trucks so theyl have to make a decision and as he sees that it can only too make us redundant .
Next Friday should be d - day ,no trucks ,work and drivers who won’t move ,hope my mates right .
Thanks all ,

cav551:
They are offering you roughly £2500 a year compensation for the travelling expenses. I doubt very much whether they will have committed themselves to this arrangement lasting more than 2 years. If you are on day work, at 35 mpg you’re going to be spending over £70 a week on fuel alone. Your car will be clocking up 25,000 miles in that year. You’re going to be looking at needing a new car every three or four years.

So I’m being told that is only if you agree too one specific depot ,they’ve asked my mate too move too a different depot 60 miles from where he lives ,he asked if he would get them£50 allowance ,they said not as far as they knew but would look into it

Olog Hai:
As has been said, what they are asking is unreasonable. A 50-mile commute each way could, at the wrong time and depending on where you are, take a couple of hours in one direction at least and they will no doubt expect 15 hours out of you on top of that. As for £50 per week travel money for 500 miles, bear in mind that I and no doubt many others can claim 45p per mile when on the firm’s business to cover fuel and wear and tear.

Get down to the Citizens Advice, and quick.

My mate has spoken too his union rep and said he was a waste of time ,said it was good they were offering him alternative work :unamused: :unamused: ,like my mate said well just have fight them as best we can and hope the fact we get too the 8/9 of the month,no trucks ,work which backs them into a corner and just make us redundant

OVLOV JAY:
I’d be wanting £45 a day, as that’s the claimable allowance for that distance, which will come off their tax bill anyway, then go on spareroom.com and find yourself a room in a house share for about £60 a week. Cha ching

I don’t want anything too be fair other than the redundancy I think I’m due ,I knew when I didn’t go 2 yrs ago it would come back too haunt me and it has :slight_smile: ,I’m starting too think the redundancy isn’t worth all this hassle ,but in another sense I think I’m giving them what they want

After reading some of your treads here do you think anyone else would give you a job. I think maybe make the move.

nightline:
After reading some of your treads here do you think anyone else would give you a job. I think maybe make the move.

+1

You’ve been mollycoddled by Stobart’s thus far. Take whatever they’ll give you, because you’re really going to struggle out here in the real world.

nightline:
After reading some of your treads here do you think anyone else would give you a job. I think maybe make the move.

there’s always some whos desperate

and what happens if you take the traveling money ,decide to travel the round trip and some unforeseen problem with the car,making you late or not getting there they then have an excuse to finish you

Im surprised they just didn’t dismiss you last week after going against the risk assessment and causing damage to a building, and must have damaged truck or trailer, and hence saving themselves all this hassle of relocating you or having to fork out for redundancy, somebody there must like you,

At least if he moves he will have a job, if he stays and refuses to move after them offering him a place elsewhere they will sack him and him being what he is (Re Past Posts) it don’t take much braincells to know what he should do, they wont give him the lump he will end up sacking himself.

Sounds like the £50 is a ‘carrot’ they hope he jumps at…