What is a mobility clause in a contract?

What is a mobility clause in a contract?

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.

Can a mobility clause be implied in a contract of employment?

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 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 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.

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 you be fired for not relocating?

If the employee’s contract does not contain a mobility clause and the employee refuses to move, the employer could potentially dismiss the employee and offer re-engagement at the new location, or dismiss the employee on the grounds of redundancy. Employers can make their employees redundant if they decide not to move.

What is classed as reasonable notice?

Home > Employment Law FAQs > What is a reasonable notice period? For most employees a notice period of between 1- 3 months is usual. For more senior roles, the period is usually 3-6 months, and a period of 12 months is not uncommon for senior executives.

What is reasonable travel distance for work?

The pie chart above shows that the majority of people (c40% ) would be willing to travel between 21-30 miles for their perfect role (and over 72% would travel 21 miles or more), which is encouraging for employers who want to try and find the best candidates for the job regardless of distance.

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.

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 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).

What rights do I have if my company moves?

Relocation rights are generally specified in the employment contract, under what is known as a ‘mobility clause’. Employees who have a mobility clause in their contracts are generally required to relocate, providing the employer acts on the clause in a ‘reasonable’ manner.

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 an employer require employees to live within a certain distance of the workplace?

The simple answer to these questions is yes, your employer can making hiring and firing decisions based on where you live. Some employers view potential employees with a long commute as risky. Government employers might also require employees live within the city or county in which they work.

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.

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.

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.