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Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Hi Ben, I have worked for the company for Over 20 years. six of it in Loughborough, previous time in Leicester
I live in Carlton, Nottingham and the Loughborough office is 24 miles away from there. That is not of concern. it is the extra 400 miles a week that is giving me concern.
Does your contract allow for relocation?
it states that I can be aked to work in a different office
ok thanks let me get my response ready please
The starting point is that having a clause in your contract which allows for relocation can enable your employer to request that you move your workplace. However, it is not a simple as giving them the all clear to do this as and when they wish and there are certain factors that must be considered before this can materialise.;
Courts and tribunals are generally unlikely to interpret a general flexibility clause in a way that does more than enable an employer to vary contractual provisions with which the employer is required to comply. So if they want to make amendments to terms which the employee is bound by, then the practice would be somewhat more restrictive.
As an example, in the case of Wandsworth London Borough Council v D'Silva the court made it clear that, whilst an employer may reserve a contractual right to unilaterally change a particular aspect of an employment contract, clear language must be used and if the unilateral change could produce an unreasonable result, when interpreting such a clause the courts would "seek to avoid such a result".
If such a result is the potential outcome then the employer needs to consider giving the employee appropriate notice and also compensating them for any losses that may result from these changes, so for example meeting certain relocation costs, at least for a reasonable period after the relocation.
You are able to challenge this decision directly with the employer, such as by raising a grievance. If that does not help then the only way to take this forward would be to resign and make acclaim for constructive dismissal.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Thanks Ben for your answer. I did initially challenge the £2000 p.a and worked out with facts and figures that I would need £5000 gross p.a. not to be out of pocket. There answer was to increase the original offer by £500 p. a. Hence my call to Just answer. Chris
It took them 3 weeks to come back with that offer !
In terms of challenging this, you still only have the two options described above - the grievance to start with and then the constructive dismissal claim if you believe you cannot continue working with them as a result
Ok Ben. Many thanks. I will challenge the decision again. I may just have to 'like it' as at the age of 63 I cannot afford to be without a job !
yes it is a difficult position to be in but you can at least push them at this stage and make it more 'formal' through the grievance process and hope for at least a suitable increase to the current offer
Ok many thanks. I will go down that route, and see what happens.
you are most welcome and best of luck