Can a company force you to move locations?

Can a company force you to move locations?

That’s a common question: Can you force or require an employee to relocate? The answer is almost always no. It can’t be required. Occasionally you’ll havean employee who is hired with the understanding that he or she will be moved around the country as part of training or the business practice.

What is a flexibility clause?

Flexibility clauses are terms in a contract that give employers the right to change some conditions of employment, for example relocation. Employers can only use flexibility clauses to make reasonable changes.

Can my employer move me to a different department UK?

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. It would be unreasonable to ask an employee to move to another country with only 1 day’s notice.

How far can an employer make you travel UK?

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 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 an employee refuse relocation?

If you have a relocation clause in their employment contract (sometimes called a mobility clause), this enables you to request them to make the move to a different location within a specified area. However, if this isn’t in their contract they may refuse to move and resign.

How much notice does my employer have to give to change my contract?

Where changes are made to your contract, employers must give you written notification of the change within four weeks.

Can an employer change your employment contract?

So yes, your employer can propose changes to your employment agreement, but the employee must also agree to those changes to make the new contract legal. Changes can not be made unilaterally or forced onto someone without their consent.

Can my employer change my sick pay entitlement?

The amount of sick pay you get and how long you get it for will be key terms of your employment contract. The employment contract is an agreement between you and your employer and in general terms, it can only be changed with your agreement.

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.

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.

Can I refuse to work in a different location?

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 far is too far to commute UK?

You live too far from work if your daily commute severely interferes with your normal life. If your drive to work and back home exceeds 2 hours, then it is definitely too far. This means that your daily commute takes at least 8.3% of your day.

Can you not hire someone because they live too far away?

If you interview for a job that is a significant distance from your home, you might wonder if they can refuse to hire you based on your location. The simple answer to these questions is yes, your employer can making hiring and firing decisions based on where you live.

Can I refuse to travel for work UK?

Employees have a right under section 44 of the Employment Rights Act 1996 (ERA) not to be subjected to any detriment for refusing to come to work in circumstances where they reasonably believe they are in “serious and imminent danger” which they could not reasonably have been expected to avert.

Do I have to pay back relocation if I get fired?

The most common relocation repayment requires repayment in full if termination of employment is within 12 months after relocation or a prorated amount for up to 2 years. If a move is in process when employment ends, unused benefits typically cease immediately.

Would you be willing to relocate if required?

A formal answer would be: “For the right opportunity I am definitely willing to relocate. I believe that this position and company is that opportunity.” If you have no issue with relocating for this position, it would be very beneficial to ask the interviewer questions as well.

Can you transfer employees from one company to another?

An individual’s employment cannot be automatically transferred to another employer without following the proper procedures under the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations, a tribunal has confirmed.