Questions & Answers
Redundancy and constructive dismissal
Hello there,
I have been informed by my employer for 34 months, that my position is no longer required in our Dubai free zone office.
I was employed in 2014 to take up a Dubai-based position and I was informed that I would be taking over a Middle East Director in two years.
They have asked that I relocate to the UK in 3 months to take up the same position, they have given me 1 week to accept this offer.
Given that there is no mobility clause in my employment contract and offer letter, would I be within my right to refuse this offer on the grounds that it is unreasonable as we now know that it would take us (a family of 4 with 2 children) longer than 3 months to plan and move the family back to the UK?
What rights do I have if my employer were to make my position redundant, would I have grounds to sue for constructive dismissal as my performance has never been in question?
Hello,
Yes, you can refuse the relocation if your contract does not restrict it.
With respect to redundancies, please note that redundancies or economically motivated workforce reductions are not recognized under local laws.
As such, there are no specific economic reasons an employer must prove in order to justify a termination. Instead, a redundancy process must fall within the existing termination provisions of the Labor Law (Federal Law No.8 of 1980 Regulating Labour Relations).
If there is no legitimate reason connected to your performance for the dismissal, then you will be entitled to claim a compensation of up to 3 months of your salary.
Best regards,
Shoeb Saher | Cell: +971 50 285 4783
