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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47917
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been forced to work away from my base location

Resolved Question:

I have been forced to work away from my base location for 7 months out of the 10 months i have been at the company. I raised concerns at this many times with my line managers to which i was told that there is nothing i can do and that i had to be in the secondary location because that is where the resource was needed. The mobility clause in my contract says i may 'occasionally' need to work away from the base but i believe they have breached the contract by forcing me to work permanently at a different location for a period of 7 months. I was unaware that i could fight this until recently because i was told i had no choice. Do i have sufficient grounds to ask compensation from them for breach of contract?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What losses have you suffered as a result?
Customer: replied 1 year ago.
I have not suffered any financial loss as of yet, but my car has done approx 9000 miles in 6 months which will affect the value of my car greatly in the future
Expert:  Ben Jones replied 1 year ago.
You cannot make a claim in the tribunal in the circumstances. It is not possible to just make a claim for breach of contract there – you can make a breach of contract if you have been dismissed in breach of contract, but not a standalone breach of contract claim if there was no dismissal. The other potential claim you could have made is for constructive dismissal which is where you resign due to the employer’s unreasonable actions, but you need 2 years’ service for this so again you cannot make a claim for that. So a tribunal is not an option. You can only consider suing them in the small claims court and that would only be for the value of the losses you have incurred. You will have to show that there was a breach of contract and that actual losses have been suffered. The issue here is that you are not protected against unfair dismissal, because this only kicks in once you have 2 years’ service with the employer. So if you were to make a claim against them they can easily turn around and dismiss you and you would not be able to challenge it. So this is a potential risk you need to think about and it is for you to determine what is more important for you – to claim against them or not risk your job. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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