Do management need to give you a reason to move you?

[justiceman]

I have a mobility clause in my contract which I accept. In the past, other workers have been moved to maintain the organisations needs. In the past, such moves have followed a matrix and process, normally in consultation with employees (asking for volunteers first).

Myself and a colleague have been compulsory moved at short notice for no reason other than our manager "felt like the team needed a freshen up". Surely this isn't a justifiable reason? We are unaware of any HR involvement.

Two people have to brought in to fill our positions. One of which has transferable skills to the team I am being moved. Skills which I do not process. Myself and my colleague feel discriminated against.

Now other people in the organisation are asking me what I've done wrong as this move seems like a punishment.

When I ask my manager why I had been chosen over other people in my team I was told "it's for my development". No one has cared about my development for the 9 years i have been there and I have made it clear I do not want to go for promotion. My colleague of 23years service was told "you have experience to share with other teams"

When I tell my colleagues that the reason I was given "was for my development" they laugh and say "what's the real reason? You must of upset someone or done something wrong"

We have got the union involved but are not finding them to be very helpful. They say it has happened before and management call it "shaking the bag".

To rub salt in the wound, many other people knew about it before I did which means someone in management must of spoken out of turn to the workforce. Does this breach confidentiality rights?

Many Thanks in advance and I look forward to your responses.

[teaboy2]

Re: Do management need to give you a reason to move you?

First of all can you post up word for word what this mobility clause states - Also when you say moved, do you mean to a different department on same site, or a different site altogether? If different site, what impact does this have on your traveling time to and from work, how much has it increased by and what was your traveling time previously before the move?

If they had told your colleagues prior to consulting yourself, then technically they have told your colleagues confidential information relating to your terms of employment under your contract, which does amount to a breach of confidentiality and mutual trust! Its also likely a breach of the data protection act 1998!

[justiceman]

Re: Do management need to give you a reason to move you?

Thank you for your reply.

________________________________________
Section 3 : Employee Location
3.1 You are employed in the service of this Board and therefore you will be required to serve at any of its establishments or departments to meet the needs of the service.

The service reserves the right, as a term of your emplpoyment, to transfer you, either temporarily or permanently, to any location to meet the needs of the service.
________________________________________

If feel it is that last part which is most important. Can you clarify is a manager wanting a "freshen up" can be classed as a "need of the service"?

I found out yesterday that these moves fall in line with what would of been our new line manager starting. The middle manager responsible for the moves has admitted that her start date has been the catalyst

I have been moved to another site and although still on the same shift rota, a change of rota group / colour.

The distance to the new location is 1.4miles closer but will take me slightly longer due to traffic (although this does not show on internet route planners for quantifying).

What can be done about the breach of trust and mutual respect? Everything including grievances seem to be kept in house and nothing comes of it. Can the mangers in questioned be disciplined for this? We operate under ACAS.

Kind Regards

[Openlaw15]

Re: Do management need to give you a reason to move you?

I have a mobility clause in my contract which I accept. In the past, other workers have been moved to maintain the organisations needs. In the past, such moves have followed a matrix and process, normally in consultation with employees (asking for volunteers first).

Myself and a colleague have been compulsory moved at short notice for no reason other than our manager "felt like the team needed a freshen up". Surely this isn't a justifiable reason? We are unaware of any HR involvement.

Two people have to brought in to fill our positions. One of which has transferable skills to the team I am being moved. Skills which I do not process. Myself and my colleague feel discriminated against.

Now other people in the organisation are asking me what I've done wrong as this move seems like a punishment.

When I ask my manager why I had been chosen over other people in my team I was told "it's for my development". No one has cared about my development for the 9 years i have been there and I have made it clear I do not want to go for promotion. My colleague of 23years service was told "you have experience to share with other teams"

When I tell my colleagues that the reason I was given "was for my development" they laugh and say "what's the real reason? You must of upset someone or done something wrong"

We have got the union involved but are not finding them to be very helpful. They say it has happened before and management call it "shaking the bag".

To rub salt in the wound, many other people knew about it before I did which means someone in management must of spoken out of turn to the workforce. Does this breach confidentiality rights?

Many Thanks in advance and I look forward to your responses.

In some circumstances mobility clauses can be used, if they're in the contract you signed, but there must be 'reasonable notice' at least.

[Openlaw15]

Re: Do management need to give you a reason to move you?

Thank you for your reply.

________________________________________
Section 3 : Employee Location
3.1 You are employed in the service of this Board and therefore you will be required to serve at any of its establishments or departments to meet the needs of the service.

The service reserves the right, as a term of your emplpoyment, to transfer you, either temporarily or permanently, to any location to meet the needs of the service.
________________________________________

If feel it is that last part which is most important. Can you clarify is a manager wanting a "freshen up" can be classed as a "need of the service"?

I found out yesterday that these moves fall in line with what would of been our new line manager starting. The middle manager responsible for the moves has admitted that her start date has been the catalyst

I have been moved to another site and although still on the same shift rota, a change of rota group / colour.

The distance to the new location is 1.4miles closer but will take me slightly longer due to traffic (although this does not show on internet route planners for quantifying).

What can be done about the breach of trust and mutual respect? Everything including grievances seem to be kept in house and nothing comes of it. Can the mangers in questioned be disciplined for this? We operate under ACAS.

Kind Regards

1.4 miles?

[justiceman]

Re: Do management need to give you a reason to move you?

Yes.

[Openlaw15]

Re: Do management need to give you a reason to move you?

Yes.

But it's just a mile so how exactly are you made worse off? Mobility clauses usually involve unreasonable relocations for an employee ie to another part of the world or another country on the other side of the world.

[justiceman]

Re: Do management need to give you a reason to move you?

I never said I was worse off. I am being compulsory transfered because the manager wants to freshen up my team (or that's the reason I've been given). I want to know wether or not that is a justifiable reason within my contract? I want to stay at the location and with the team I am currently with.

[Openlaw15]

Re: Do management need to give you a reason to move you?

I never said I was worse off. I am being compulsory transfered because the manager wants to freshen up my team (or that's the reason I've been given). I want to know wether or not that is a justifiable reason with my contract? I want to stay at the location and with the team I am currently with.

Such clauses are legal yes if they're a term in the contract.

"Section 3 : Employee Location
3.1 You are employed in the service of this Board and therefore you will be required to serve at any of its establishments or departments to meet the needs of the service.

The service reserves the right, as a term of your employment, to transfer you, either temporarily or permanently, to any location to meet the needs of the service."

Therefore the term must be proportionate with the measure. It says Board so it seems like the whole board collectively as though a Board consensus. 'needs of services' is very broad too. It uses requirements and needs so they're intended to be constructed or interpreted differently. In my opinion it requires the entire board staff as it does not say 'any individual member of the board. You could have an argument therefore that the move is arbitrary. 'To freshen things up' is not commensurate with 'needs of the service', or 'requirement.'

[justiceman]

Re: Do management need to give you a reason to move you?

Thanks teaboy. I am going to speak to my union. Can you please advise on your position/job title/qualification as I will be quoting what you have said.

[teaboy2]

Re: Do management need to give you a reason to move you?

Thanks teaboy. I am going to speak to my union. Can you please advise on your position/job title/qualification as I will be quoting what you have said.

You mean [MENTION=77627]Openlaw15[/MENTION] ? - Since they have given the advise!

And i do agree with the advise given!

[justiceman]

Re: Do management need to give you a reason to move you?

Sorry teaboy. Can you add anything to what openlaw has said? Also what is your position/job title?

Do either of you know of I would still have to go down the internal grievance route via acas before involving external employment professionals. Could it be as simple as my presenting my line manager with a letter from an employment solicitor/lawyer informing them they have broken contact and refusing to move locations. If nothing else it would assist with the grievance process and subsequent meetings.

Can both of you please provide quotes for such a letter?

Kind Regards
JM

[teaboy2]

Re: Do management need to give you a reason to move you?

Well my positions is the clause should only been enacted if their is a genuine business need for you to be moved. "Freshening things up" is a extremely vague terminology, it could simply mean bring in new faces and move out the old to other departments, but their may not actually be a business need for freshening up that particular department/office! So is the department currently doing well, or is it struggling? If its struggling then that would indicate that their is a business and economic business need to change things, including "freshening things up" by bringing in new faces and moving staff to other departments/offices! If there is no struggling and the department/office is performing well, then that would indicate that there is no logical need for anyone to be moved, let alone to "freshen things up a bit" - Like the saying, "if its not broken, don't fix it"!!

I personally would first ask them in writing on what business or economic grounds they have for requiring you to move, bearing in mind the clause can only be enacted if their is a genuine business of economic need or requirement for you to be moved. The clause can not be used on a whim by management, just to move someone here there and everywhere with out a genuine business or economic need. As using it on a whim like that would be unreasonable and likely result in the clause being deemed unlawful as a result of it being open to abuse and unreasonable requests to move people!

In your case there only a difference of 1.4miles, and its closer to home is the new location. So is it worth staying at the office/department where your manager appears she/he may not what you there, for whatever reason they may have?!

As for job Title, I'm a businessman, and i have owned my own companies where i employed people.

[justiceman]

Re: Do management need to give you a reason to move you?

In your case there only a difference of 1.4miles, and its closer to home is the new location. So is it worth staying at the office/department where your manager appears she/he may not what you there, for whatever reason they may have?!.

I am fighting this and want to stay at my current location out of principle because I believe it is wrong and would like to prove illegal.

I am also doing it for my fellow workers otherwise management will just railroad though, implementing any decisions they wish.

[justiceman]

Re: Do management need to give you a reason to move you?

Such clauses are legal yes if they're a term in the contract.

"Section 3 : Employee Location
3.1 You are employed in the service of this Board and therefore you will be required to serve at any of its establishments or departments to meet the needs of the service.

The service reserves the right, as a term of your employment, to transfer you, either temporarily or permanently, to any location to meet the needs of the service."

Therefore the term must be proportionate with the measure. It says Board so it seems like the whole board collectively as though a Board consensus. 'needs of services' is very broad too. It uses requirements and needs so they're intended to be constructed or interpreted differently. In my opinion it requires the entire board staff as it does not say 'any individual member of the board. You could have an argument therefore that the move is arbitrary. 'To freshen things up' is not commensurate with 'needs of the service', or 'requirement.'

Thanks openlaw. My union rep is not very helpful saying things like "management will do whatever they want". As such I am going to raise a grievance.

Can you please advise on your position/job title/qualification as I will be quoting what you have said.

Kind Regards