What is a mobility clause?

What is a 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.

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 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 an employment contract?

However, in order to maintain a degree of flexibility to allow for circumstances whereby it may be necessary to require employees to move from one location to another, relocation or mobility clauses are typically incorporated into employment contracts.

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 my employer force me to work at a different location?

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.

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.

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.

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).

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.

Is it legal to transfer an employee?

Transferring an employee from one place to another is not by itself unlawful. It is within the inherent right of an employer to transfer or assign an employee in the pursuit of its legitimate business interests. However, this right is not absolute.

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.

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 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 I refuse to work weekends?

The legal test for a worker’s right to refuse a demand to work on a Sunday or work weekends is whether they have “reasonable” grounds. That definition can mean many things and it’s best to get legal advice for each particular case.

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

Although not all changes of contract need to be set out in writing, you must give written notification within one month of any changes that relate to the employee’s main terms and conditions, such as working hours or job location.