Employment Lawyers Can Answer Your Employment Law Questions
My commute to my current office location is 15-20 mins by one bus. My commute to my new office location would be 1 hour 45 mins by tube/bus with a minimum of 2 changes (nearly a 3 hour increase in commute time per day) and I would be required to work in this office a minimum of 3 days a week. The shortest driving route from the current office to the new one is 22.7 miles. I have the following mobility clause in my current permanent contract: You will be based at one of the Company's central London offices. However, the Company reserves the right to move you from one business function to another and/or to transfer you to another location on giving reasonable notice of any such change. I know from the below resource that if I have a mobility clause in my contract the company can force me to move unless this is completely unreasonable and that "reasonable" depends on individual circumstances. http://www.nidirect.gov.uk/relocation-of-work My ideal outcome in this case would be redundancy but I have heard that companies have used mobility clauses in relocation cases to avoid redundancy payments. So far I have verbally discussed my concerns about the relocation and the change in my job with HR but they are saying I have no choice in the matter and have offered no relocation or commuting allowance. I've documented my concerns in email and am waiting for followup. My question is what legal options do I have in this situation and what actions are in my best interest ideally to facilitate a redundancy outcome? How likely is my new commute and office location relative to my current one to be viewed as "completely unreasonable"? Adding nearly 3 hours a day to my commute certainly seems unreasonable to me. How does the fact that my duties are also changing affect this situation, when it is difficult to quantify the magnitude of the change?
Hi and thank you. I have just passed the 2 year mark on 10 June.
As background: The department I work in a large corporation is going through a reorganization. On 21 May I was told in a group meeting that there were 23 people for 20 roles and that there would be a selection process undertaken. I was required to submit my CV and expression of interest form by 28 May a week during which both my manager and her manager were out of office. I expressed interest in redundancy and clearly stated I could not commute to an outer London office. On 17 June I was told I was appointed to a different role at the same level in the new organization and told my office location would change when I assumed the new role as on 1 Aug. I have not yet been given a new contract to sign but assume it is coming.
Hello Jenny. Thank you for your answer. A further question if I may based on your response...
I appreciate your advice. Thank you,
A follow up question if I may to the above scenario. Does the above situation necessitate a consultation period to be opened? We had a meeting where our group was told there were more people than roles, but the word consultation was not used. A colleague of mine in the same group (also in this initial meeting) has now asked for a consultation period based on the same reasons I have shared above and was denied. The company quoted the mobility clause and said the job was not seen as materially different and said consultation would not be opened. Just seems strange and contradictory based on the first meeting. Any clarity you can provide would be helpful and appreciated.