Four Fife security guards have won redundancy payments totalling more than £25,000 for refusing to move to jobs in Dundee.
They successfully argued at an employment tribunal that the transfer clause in their contracts with Profile Security Services applied only if they agreed to move. They did not because they regarded the extra 60 miles they would have to travel to Dundee as unreasonable and they believed they were entitled to the alternative option of redundancy.
The tribunal, which was chaired by judge Murdo Macleod, agreed.
He ordered Profile Security of Barrow upon Humber to pay Alexander McAndrew, of Kirkcaldy, £3,068; Alistair Dunnett, of Leven, £7,644; Kenneth Lawson, of Leven, £9,781; and John Barclay of Methilhill £5,125.
The four men worked at Energy Park Fife in Methil but the company’s contract at the site ended in January 2012 and Profile’s other contracts were in Edinburgh and Dundee.
They were called to a meeting and told by management their jobs were under threat. It was put to them that they would be given jobs in one of the two cities, failing which they would “get redundancy.”
The four men each indicated their preference was redundancy but no formal decision was made at the meeting. The men were later given calculations of their redundancy payments but these were later found to be wrong.
The company then said they would be made redundant only if mobility clauses in their contracts did not apply. They were each offered posts in Dundee including travel allowances but rejected them and their contracts were terminated without the men being paid redundancy.
The company contended that moving the men from Methil to Dundee was still in “the geographical area covered by the company” but the tribunal judge said it was a move in the place of work.
Mr Macleod said the company’s position was confused and he questioned why redundancy was outlined but not offered.
He was satisfied that the circumstances met the definition of redundancy and the four men did not act unreasonably by refusing to work in Dundee.