Ask the Expert: Relocation redundancy dilemma
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I have been successfully managing the private banking desk of a big European bank in an EU country for the last three years. I have met all my targets but for regional political reasons my position is being abolished, along with 50% of the jobs here, and clients will be managed from a non-EU jurisdiction. I was asked to help in the transition and was told that I would be transferred to another country. It now looks like this won't happen and I will be got rid of once I introduce the clients to the new manager. Is there anything I can do, as this restructuring is not financially justified?
Your position is frustrating but there's not much you can do about it, except remember that it's not personal, try to get the best possible deal for yourself and exit gracefully.
Under UK employment law, relocation is a fairly watertight reason for redundancy and even if the relocation is not financially justified, in your view, a tribunal will not be allowed to consider that. It is there to make sure employees are treated legally and passing judgment on a company's business decisions is not part of that remit.
The only possible recourse you could have, says employment lawyer Makbool Javaid, is if you could show that your employer had acted dishonestly in citing financial reasons for the relocation or, if your employer had not followed proper redundancy procedures, by, for example, failing to consult collectively with employee representatives, if more than 20 redundancies are proposed.
In reality you are better off accepting the inevitable, getting the best possible deal for yourself and remaining on good terms with your soon-to-be-ex-employer. One obvious thing: You say it 'looks like' you won't get transferred to another country. Find out for sure. Ask for a meeting and clarify the position.
What you should certainly do from now on, if you haven't been doing it already, is document all communications between yourself and your employer. Ask for everything in writing. Minute all meetings and confirm afterwards in writing what has been agreed. Ask your employer to pay for some independent advice for you in negotiating your exit package - this is very common nowadays. Also consider asking for some outplacement to help you find another job.
While you are still playing a useful role in winding the business down and helping an orderly handover, you are in the best bargaining position. Most bosses hate making people redundant and don't want angry, disgruntled employees or ex-employees. Therefore, vent your frustrations far away from the office and make a constructive approach to your boss: 'I may not agree with the reasons for this relocation, but I do accept it. I want confirmation of my future with the company or of my exit terms as soon as possible, with the opportunity for independent advice.' That sort of attitude is most likely to elicit a positive response from your employer and give you the best chance of a good financial deal. Do that and move on.
Next week's question: I have just completed an MBA at one of the top French schools and have been offered three jobs in London in ECM, DCM and derivatives sales. My background is three years in project finance at a major European bank. How do I decide between the roles and how do future earnings compare?
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Our experts include: Roger Steare, a career coach at Roger Steare Consulting, Makbool Javaid, an employment partner at the law firm DLA, and Tony Tucker, a recruitment consultant at ERG, talking to careers journalist Hashi Syedain.
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