Can an employer enforce a mobility clause?

Can an employer enforce a mobility clause?

A well-drafted mobility clause that reasonably considers likely business needs and the employee’s role has a good chance of being enforceable.

Can a mobility clause be implied in contract?

Even if a contract of employment contains an express mobility clause, in order to exercise the clause the employer has an implied duty to act reasonably.

Can my employer make me move to another site?

Mobility clauses In the employee’s Contract of Employment, there may be a clause which allows the employer to move the employee to another place. This is known as a mobility clause.

Can companies move you?

If you have a mobility clause in your contract your employer can normally force you to move to places allowed by the clause unless this is completely unreasonable (such as asking you to move to another country with only one days notice).

What is a reasonable mobility clause?

A mobility clause says employees have to move within certain limits. It means that employers can normally force their employees to move to places allowed by the clause, unless this is completely unreasonable. Example. It would be unreasonable to ask an employee to move to another country with only 1 day’s notice.

What is a reasonable distance in a mobility clause?

What is meant by ‘reasonable distance’? A ‘reasonable distance’ in relation to the relocation will depend on the individual circumstances of the business, the reason for the move and the individual circumstances of the affected employees.

What are my rights if my employer changes my place of work?

If your employer wants to change the location of your place of work, they may seek to rely on a ‘mobility’ clause in your contract. To be enforceable, mobility clauses must ordinarily be clear and specific about the potential for your work location to change.

Can an employee refuse to relocate?

What Can an Employee Do? An employee can refuse to relocate if the request is unreasonable. Furthermore, if an employer fails to take into account the impact the relocation will have on the employee, their actions may amount to a breach of trust and confidence.

How do I refuse a relocation?

First and foremost, thank the company for taking interest in you and offering you the opportunity to work for them. Tell the hiring manager that you’re grateful for the time spent working with you during the interview process, but that you’ve chosen to turn down the offer because you’re uncomfortable with relocating.

Can my employer change my contract without my consent?

A contract of employment is a legal agreement between the employer and the employee. Its terms cannot lawfully be changed by the employer without agreement from the employee (either individually or through a recognised trade union).

Can you be made redundant if your job still exists?

Although there are many reasons for legitimate redundancy, it’s illegal for you to be made redundant whilst your job still exists. Therefore, if you think someone else has taken your job after you’ve been made redundant, seek professional advice immediately.

Can you be fired for not relocating?

There may be a written term in your contract of employment requiring you to move to another location on request. Where there is such a term, you need to be very cautious before refusing to move, because this could lead to your dismissal for breaching the contract (i.e. refusing to obey your employer’s lawful order).

How far can my employer make me travel?

Legislation does not define what constitutes a reasonable daily travel distance. This means that there is no legal maximum distance; instead, you should consider the scope of any mobility clause and use common sense, taking into account local traffic or travel conditions based on the additional commute.

How much do you get redundancy pay?

You’ll get: half a week’s pay for each full year you were under 22. one week’s pay for each full year you were 22 or older, but under 41. one and half week’s pay for each full year you were 41 or older.

Can an employer stop you from working somewhere else UK?

No matter what’s in your contract, your old employer can’t stop you taking a new job unless it could lose them money. For example if you might: take customers to your new employer when you leave. start a competing business in the same local area.

What is considered reasonable distance?

Reasonable Distance means a distance that has regard to the Doctor’s original work location, current home address, capacity of the Doctor to travel, additional travelling time, effects on the personal circumstances of the Affected Doctor, including family commitments and responsibilities and other matters raised by the …

How do you compensate drive time?

Your employer can even pay you a flat rate for your travel time hours so long as that rate is equal to at least the minimum wage for all time spent driving. If your employer chooses to pay you a different rate for your travel time, they must: Provide you notice prior to the travel time.