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JGM
JGM, Solicitor
Category: Employment Law
Satisfied Customers: 11155
Experience:  30 years experience as a solicitor.
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Should business travel requirements be part of terms and conditions?

Resolved Question:

Should business travel requirements be part of terms and conditions? My company (after 2 years) is now saying that business travel is an 'essential' part of my job, but it gets no mention in the Terms and conditions that I signed when I joined. Where do I stand?
Submitted: 2 years ago.
Category: Employment Law
Expert:  JGM replied 2 years ago.
The extent to which an employee is expected to travel on biusiness is generally something that is agreed and stated in terms and conditions of employment from the outset.
If it is not, and the employee does not do a lot of travel for two years and then it is forced on him, that would be an attempt at a unilateral change in terms and conditions and would not be allowed.
However, you would have to explain things to me in more detail, and tell me exactly what your contract says, to allow me to assess your particular situation.
Customer: replied 2 years ago.

Thanks for the response .

I have enclosed below the part of my offer letter that contains the details on my place of work...the only place working locations are mentioned...there is no other mention of any business travel .:

Your normal place of work will initially be the location at Century Way in Leeds in line with the agreement drawn up between us and XXXcovering offices and facilities provision for the period up to 30th November 2013. It is envisaged that after this date your new place of work will be in a similar geographical location in / around Leeds or such other place within the UK as we may reasonably determine.

You will not be required to work outside the UK for single periods of more than on month during your employment.

I have traveled very occasionally since starting ( once every couple of months or so) , but following a recent change of management, there is increased pressure to do more travel as the new manager sees travel to customer sites etc an 'essential' part of the job.

Although I am not opposed to more travel , I do see this as a change to my current role & am wanting to understand if this was something that the company could just impose without entering into a negotiation......

Regards

Ian

Expert:  JGM replied 2 years ago.
Thank you for clarifying what your contract says. Can you tell me what they are now asking you to do?
Customer: replied 2 years ago.

They are not being very clear at the moment and I have not been given anything in writing.

They are saying things like ' you will be required to travel as and when the job dictates' & 'travel is an essential part of the job'

The majority of employees were TUPE'd into the organisation and did have business travel requirements specified in their terms and conditions prior to the TUPE, so this seems to be where the pressure is coming from.

However there is obviously an anomaly as it is not in mine.

Regards

Ian

Expert:  JGM replied 2 years ago.
That is exactly right. And if it's not in your contract they can't insist on it.
You can hold them to the original contract as they can't change it without your consent.
Customer: replied 2 years ago.

So can you give me your view on what is realistic based on the contract wording I have?

Expert:  JGM replied 2 years ago.
They can send you abroad for up to a month at a time.
JGM and other Employment Law Specialists are ready to help you

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