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if an employer closes for a refit can he insist you move temporarily to another branch

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newsbuddy | 13:42 Tue 07th Sep 2004 | News
12 Answers
my place of work has closed temporarily for a re-fit and the boss has told me I must report for work to another branch. Can he insist?
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Read your contract. I suspect it has a clause in there stating something like 'and other duties including working in other branches'... If it's an unreasonable distance away, then maybe you could complain.
Question Author
No there is no clause in the contract which says about working in other branches. It wouldn't be so far to travel but the work involved is not at the same level as I am currently doing
Is it lower or higher? If it's higher surely you should be able to ask for more money while you're doing it as that's extra duties or responsibilities. Ash the CAB or talk to another manager? Good luck.
Are you not in a union?
Question Author
no not in a union- I just think they are trying it on. I just don't particularly want to work 15 miles away, and see no reason why I should
Think a bit about this. What would you be doing otherwise? If the branch is closed you can't work there. If you are not working, I guess you won't get paid. I am sure you can insist on travelling time and expenses if you are working somewhere on a temporary basis. If the work is higher grade then you can ask for extra money, if it's lower grade then you should still get paid at your current grade. I think offering you alternative employment during this period is perfectly reasonable.
BenDToy is surely right. In effect, you're being made redundant, because you're place of work has been closed; but your employer is offering you alternative employment. Try to get the best terms you can as regards pay, hours, travelling expenses etc; and try to obtain an assurance from your boss that you'll get your own job back as soon as practicable.
What I remember from my employment law course reinforces BenDToy's and Syldays's comments. Over and above your contractual duties you owe your employer a duty of respect and co-operation so unfortunately, no employee can ever hide behind the contract. Fulfilling the contract does not fulfil your duty - not very good for the employee. It is highly likely that they can ask you to do this so long as the distance to the other branch is travellable from your home.
P.S. forgot to say, the above applies to employees. If you are self-employed, I don't know. As ever, in case of doubt, ask your local law centre (find out from the CAB).
From what happened to a friend of mine who worked at our local bank.When that closed for a re-fit he had to go to another branch.If not he wouldn't be paid.So if you don't go to the new place of work i would imagine you won't get paid.At the end of the day if you refuse to go then why should they pay you.
Any decision made above your boss will possibly be decided on how reasonable his request is. If it is decided that what he is asking can reasonably be done by you then there is very little you can do. There is also the question of how you will go about complaining. Should he insist you go to the other branch, and if you are not in a union, then there may have to be legal action involved, which can be a long and costly process.
Had a look at my employment law book and reminded myself, basically if the employer can show that they have a "genuine business reason", they can ask you practically anything. Sorry to be bitter about this, but the employer's interest always comes first.

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