With many businesses undertaking office moves due to down-sizing their premises, can you rely on a mobility clause to vary an employee’s work location?
In these circumstances, a mobility clause can be useful. You still need to act reasonably, which would usually mean consulting with staff on the proposed move, taking into account their views on the new location, and listening to the challenges it may present them on an individual basis. Having a mobility clause doesn’t necessarily mean you can move employees anywhere - it needs to be reasonable. Be particularly careful where individuals have caring responsibilities, with family arrangements around a certain work location. So what if someone refuses to move? If you are clear from the outset that you are requiring them to move under the mobility clause and that you have acted reasonably, including giving reasonable notice, you could consider dismissal on the basis of refusal to follow a reasonable management instruction. Such a dismissal would be for misconduct and wouldn’t involve redundancy pay. However it may well be safer to treat as a redundancy. If you’re looking to relocate your premises and want some advice, do get in touch.
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