UK Employment Law
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Whether an employer is entitled to move you to another location would depend on the terms of your employment contract. Does it contain a mobility clause?
And what does it say?
i havent got it to hand, but i beleive it can move me anywhere within the county area
Okay. Well, so long as the reason for asking you to move isn't unlawful, (e.g. connected to your age or sex for example), then they're likely to be entitled to exercise the mobility clause for other reasons to accommodate the business need. If the reason for asking you is that they figure you're nearer, that isn't unlawful, and it's okay legally for them to do that for that reason.
They should, however, take into account any objections you have, and make a decision accordingly.
would they have to accept my objections
No, they wouldn't have to accept them.
so if their mind is already made up...i have to accept it
Well, in reality, it might come down to that, but you can try and persuade them it's inappropriate to move.
I'm sorry this isn't what you wanted to hear but this is the effect of agreeing to a mobility clause.
You should get it checked carefully if you want to contest this though, the wording of the clause might allow you to fight their decision.
there is only a couple of miles that seperate about 5 five of us
It might only be exercisable, for example, in certain circumstances that perhaps haven't yet occurred.
what circumstances are usually taken into account
It's at the employers discretion - the issue is whether they're entitled to use their contractual rights, and they don't usually need anything other than legitimate business reasons to do this.
If they're picking on you, and trying to force you out, for example, that's different, but I don't think you're suggesting a likelihood of that?
they have asked for volunteers to move....what if people have volunteered from another office but they have been rejected
Depends why they're asking you that's the issue really.
Refusing others might offer an explanation for why you - but only to an extent.
If it's due to unlawful discrimination, you might have a case, but if it's not, and it's down to business decisions, then there is little you're likely to be able to do I'm afraid.
You could formally raise a grievance at work if you wished, and have your objection heard fully.
i know other people from other offices have been refused but i am unaware of why they turned down
You can get more info on making a grievance here: http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/Grievanceprocedures/DG_10027992
i beleive was turned down because the organsisattion may be trying to get rid of him....but i am 100% sure this is not the case with me
Okay - well, it's really about you, as I say, and I'm afraid I'm not sure I can offer any more information that's likely to help you.
I appreciate it's not what you wanted to hear, but I hope this does answer your question, please do press accept and leave a little feedback.
so is the "business need" criteria satisfied purely by the fact i am the nearest?
The business need is the need to find somebody to move to do the task required. You're a member of staff that has agreed contractually to move if needed to.
so id would need to argue my case on purely personal and an indivudual case rather than being backed up a legal case?
so id would need to argue my case on purely personal and an indivudual case rather than being backed up by a legal case?
i guess my alotted time is up then??
Sorry - just stepped away from the keyboard....
You'd need to argue your case based on personal circumstances unless you have reason to believe something unlawful is happening, and I can't identify from what you'e said what those might be I'm afraid.
I think it WILL be down to to going on personal perspective rather than anything else.
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