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Daniel Smith
Daniel Smith, Laywer
Category: UK Employment Law
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can my employer move me to another location just because i

Resolved Question:

can my employer move me to another location just because i live nearest to the new location than other people at my current place of work. is because i live the nearest a good enough reason to move me or should other things be taken into account?"
Submitted: 2 years ago.
Category: UK Employment Law
Expert:  Daniel Smith replied 2 years ago.

XXXXX XXXXX :

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?

Customer:

yes

XXXXX XXXXX :

And what does it say?

Customer:

i havent got it to hand, but i beleive it can move me anywhere within the county area

XXXXX XXXXX :

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.

XXXXX XXXXX :

They should, however, take into account any objections you have, and make a decision accordingly.

Customer:

would they have to accept my objections

XXXXX XXXXX :

No, they wouldn't have to accept them.

Customer:

so if their mind is already made up...i have to accept it

XXXXX XXXXX :

Well, in reality, it might come down to that, but you can try and persuade them it's inappropriate to move.

XXXXX XXXXX :

I'm sorry this isn't what you wanted to hear but this is the effect of agreeing to a mobility clause.

XXXXX XXXXX :

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.

Customer:

there is only a couple of miles that seperate about 5 five of us

XXXXX XXXXX :

It might only be exercisable, for example, in certain circumstances that perhaps haven't yet occurred.

Customer:

what circumstances are usually taken into account

XXXXX XXXXX :

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.

XXXXX XXXXX :

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?

Customer:

they have asked for volunteers to move....what if people have volunteered from another office but they have been rejected

XXXXX XXXXX :

Depends why they're asking you that's the issue really.

XXXXX XXXXX :

Refusing others might offer an explanation for why you - but only to an extent.

XXXXX XXXXX :

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.

XXXXX XXXXX :

You could formally raise a grievance at work if you wished, and have your objection heard fully.

Customer:

i know other people from other offices have been refused but i am unaware of why they turned down

XXXXX XXXXX :

You can get more info on making a grievance here: http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/Grievanceprocedures/DG_10027992

Customer:

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

XXXXX XXXXX :

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.

XXXXX XXXXX :

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.

Customer:

so is the "business need" criteria satisfied purely by the fact i am the nearest?

XXXXX XXXXX :

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.

Customer:

so id would need to argue my case on purely personal and an indivudual case rather than being backed up a legal case?

Customer:

so id would need to argue my case on purely personal and an indivudual case rather than being backed up by a legal case?

Customer:

i guess my alotted time is up then??

XXXXX XXXXX :

Sorry - just stepped away from the keyboard....

XXXXX XXXXX :

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.

Customer:

I think it WILL be down to to going on personal perspective rather than anything else.

Daniel Smith, Laywer
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Experience: JustAnswer
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