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mobility clause

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  • #1

    mobility clause

    hi to all,
    after 10 years in my job i have been told that my job is being relocated to another town , there is a mobility clause in my contract which states "the compnay reserve the right to ask the employee to work anywhere within the uk"
    this i fully understand but i have several reasonable issues of why this would be detrimental to me and my familys lifestyle.
    i and my partner are and have been caring for my elderly mother-in-law for almost 6 years now (we are unpaid carers)
    we only have one car
    we live in the country so are not on a bus route
    we do not financially have the funds to buy and run a second car
    doctors,dentist and hospital are all local to my current location
    my children and grandchildren all live locally and i am often called upon to collect or take somewhere (grandads taxi)
    they are offering me no extra salary
    £1000 per year towards petrol cost when its going to take almost £1500

    my question is this
    can i "reasonably" say the job relocation is not for me thanks
    can i claim redundancy
    or can they just give me notice?

    thanks for your responses
    Tags: None
  • #2
    Re: mobility clause

    Hi rich123 & welcome to LB

    A tricky situation.
    If it were me I would do a couple of 'dry runs' to find out the exact difficulties which the journey will impose. (As well as the time factor, there is the number of changes of public transport, waiting time between changes, walking time & distance etc.).
    The key word is 'reasonable', so the distance is only one factor.
    Redundancy is also a possibility if the normal place of work is relocated.
    It is important to raise your concerns in writing to your employer asap, giving as much detail as possible, as failure to do so could be viewed as an implied acceptance of the move.
    I would suggest that you contact ACAS, & of course your union rep if applicable.
    You also might have access to legal advice through various insurance policies (Household, car etc)
    ACAS - http://http://www.acas.org.uk/index.aspx?articleid=1461
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick
    • 1 thank

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    • #3
      Re: mobility clause

      How far away is this other place of work in distance and travelling time? this may help your case if it can be found to be unreasonable for you to travel there.
      • 1 thank

      Comment

      • #4
        Re: mobility clause

        hi firstly thanks for your advice.

        it is only 40miles per day so not that far but like i said, we only have one car and we do not have funds to buy another tax/insure etc.
        also i go to my mother in laws every morning to see if she is ok , make a cuppa then onto work then after work to get her tea so my location is key.

        i can understand why they are moving but at this time it really is not for me, again can i claim redundancy or can they serve notice for refusal of the new job?

        to be fair i can find another job that pays more in the local area but they will not mention any redundancy package..........i don't want to walk if they were going to offer one, would they tell me if i asked? am seriously confused

        thanks for your help

        Comment

        • #5
          Re: mobility clause

          As previously stated, it is important to inform your employer asap of your concerns & the difficulties you would encounter.
          You could also ask them to consider voluntary redundancy. At least then you would know whether it's an option.
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb

          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.

          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick
          • 1 thank

          Comment

          • #6
            Re: mobility clause

            i have informed them but all they say is they cant get involved in personal issues???????

            voluntary redundancy, i'll ask on monday thanks

            Comment

            • #7
              Re: mobility clause

              I'll try & give [MENTION=51026]Ula[/MENTION] a nudge.
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb

              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.

              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick
              • 2 likes

              Comment

              • #8
                Re: mobility clause

                Hi rich123x, a lot of the issues around mobility clauses in contract centre around "reasonableness". You seem to indicate your daily trip to the proposed new location would be 20 miles each way. As [MENTION=5553]charitynjw[/MENTION] has suggested you need to find out exactly what the implications of the new journey will be in terms of public transport, timings etc. as detailed in post #2.

                The point you would then have to make to your employer is that even with a mobility clause in your contract the difficulty of the new journey and the affect it has on your personal matters i.e. the care of your elderly mother-in-law as joint (unpaid) carer make it ‘reasonable’ for you to refuse to relocate. Unfortunately what is 'reasonable' is not clearly defined and is therefore open to interpretation, and as a consequence is left to an individual to enter a dialogue with their employer as to what is or is not an 'unreasonable' requirement by them when it comes to relocation. However they are not entirely correct in their view that they cannot get involved in personal issues because you as an individual have to consider the impact on your personal life of a relocation, particularly when you undertake the joint care of an elderly person which is not something frivolous such as "it will impact my social life."

                Again as [MENTION=5553]charitynjw[/MENTION] has said you need to approach this with you employer as soon as possible and if you have a union at work then contact them as the company should be in dialogue with them about the relocation.

                I am not sure from the post whether the complete site is relocating if not maybe your employer could consider an alternative job for you remaining at your current location? If that is not an option and they accept that in your situation it is unreasonable for you to move to the new location then they should initiate a redundancy process with you.
                If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

                I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

                I do my best to provide good practical advice, however I do so without liability.
                If you have any doubts then do please seek professional legal advice.

                You can’t always stop the waves but you can learn to surf.

                You are braver than you believe, smarter than you think and stronger than you seem.


                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
                • 2 likes

                Comment

                • #9
                  Re: mobility clause

                  hi ula ,
                  and thanks for the info, it is hard for me as i love my job and location and everything is based around me. we do live in the country and do not have any buses and the nearest stop is 3 miles away so to get to new location on a bus would tak approx 1 and a half hrs each way . cars these days are not cheap for us just to magic the cash out of the thin air, my boss said to me why don't i get finance ? this i found very rude and upsetting as i have in the last year finally cleared all my debts of 20 odd years.
                  it is just me relocating, there is no mention of extra cash to help but htere is mention of extra work duties.

                  so monday i need to ask if i would be able to claim redundancy?

                  rgds
                  • 1 thank

                  Comment

                  • #10
                    Re: mobility clause

                    I think when you go to work on Monday you do need to speak to your employer about the increased journey time and difficulty of the journey to the new location and on that basis you feel that you have reasonable grounds to refuse to relocate. I would then see what they come back with.

                    We will be here if you need any further support once you have had the discussion on Monday.
                    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

                    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

                    I do my best to provide good practical advice, however I do so without liability.
                    If you have any doubts then do please seek professional legal advice.

                    You can’t always stop the waves but you can learn to surf.

                    You are braver than you believe, smarter than you think and stronger than you seem.


                    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
                    • 1 thank

                    Comment

                    • #11
                      Re: mobility clause

                      Put everything in writing & keep a copy (email is good - if land mail, get proof of posting)
                      You never know whether you might need future proof.
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb

                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.

                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick
                      • 2 likes

                      Comment

                      • #12
                        Re: mobility clause

                        hi, thanks for the advice, i will for sure let you know the outcome.

                        rgds
                        • 1 thank

                        Comment

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