Yes, you can avoid redundancy if you have a mobility clause in your contract. This clause allows you to move to another position within the company if there is one available without having to go through the redundancy process.

It will be classed as unfair if the employer exercises the mobility clause unreasonably or if the employee's refusal is reasonable.

An employee has to comply with any mobility clause in their employment contract that they have agreed to (eg by signing their contract of employment) provided that the term is reasonable.

What is a mobility clause in an employment contract?

A mobility clause in an employment contract is a provision that requires the relevant employee to relocate if required to do so by their employer. This may be due, for example, to the closure of an office or workplace or a change in the work carried out at a particular location. The relocation can be either temporary or permanent.

Mobility clauses should ideally be included in the contract at the start of employment for the employee to sign when they join the organisation.

When do mobility clauses apply?

Mobility clauses are often included in employment contracts to allow employers to relocate employees to different locations as needed. The clause may state that the employee is required to relocate if the employer requests it, or it may give the employer the option to relocate the employee. In some cases, the clause may require the employee to agree to relocate before starting work.

The purpose of a mobility clause is to protect an employer's business interests by specifying the terms under which an employee may be required to relocate.

There are many reasons why an employer might need to relocate employees, such as downsizing, mergers or acquisitions, and changes in business strategy. Sometimes, the employer may simply need to fill a vacancy in another location.

If you have a mobility clause in your contract, make sure you understand when it applies and what it requires of you. You may be required to move for your job, so it's important to know what you agree to.

Article by

Marianne Wright

0800 915 7777

Our expert employment law solicitors all have many years’ experience advising individuals who are in your position. We will be able to guide you through the process and to help you secure the best possible outcome.

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777.

Disclaimer 

The above provides a general overview relating to constructive dismissal and is not intended nor construed as providing specific legal advice. Constructive unfair dismissal is a complicated legal claim. An individual should take legal advice from an employment lawyer if they believe their employer has behaved in such a way that entitles the employee to resign and bring a claim for constructive unfair dismissal.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

01.07.2023