Expected to move

continualdiamond

OH has just been given a perm full time contract after working for nearly 2 years on a full time temp one. However they have added into the contract:

'We may change your place of work on a temp or perm basis. We may require you to move home in order to perform your duties on our business. We will always consult with you with a view to reaching an agreement prior to requiring that you move home in order to do your job'

They cannot be serious surely? My OH drives for a living and the depot is only 20 mins from our house. I think thats a fair distance, given the choice most people would rather a shorter commute to work than a longer one. Surely people would just resign rather than move, i am assuming that they wont be able to inforce this and my OH could just resign if this ever did occur?

Emmzi

well it's quite a common clause, seldom enforeced, and if they require you to move, generally they pay your costs. I've done it twice and its a cheap way of moving when you are ready to get a bigger or smaller place! But most people I work with haven't been asked to do this - it's a tiny percentage.

I'd say the risk of it happening is small and the rewards of a perm. contract are great, but that is my personal opinion.

Yes, he could resign; or it may be a redundnacy payment. I don't think he'd be any worse off than temping.

Oldernotwiser

continualdiamond wrote: »

They cannot be serious surely? My OH drives for a living and the depot is only 20 mins from our house. I think thats a fair distance, given the choice most people would rather a shorter commute to work than a longer one. Surely people would just resign rather than move, i am assuming that they wont be able to inforce this and my OH could just resign if this ever did occur?

Obviously your OH could resign if he didn't want to move but lots of people would be prepared to relocate if expenses were paid and they wanted to stay in work.

Also, I don't really think that 20 minutes drive to work could be described as "a fair distance"; it strikes me as being practically round the corner!

ceridwen

continualdiamond wrote: »

OH has just been given a perm full time contract after working for nearly 2 years on a full time temp one. However they have added into the contract:

'We may change your place of work on a temp or perm basis. We may require you to move home in order to perform your duties on our business. We will always consult with you with a view to reaching an agreement prior to requiring that you move home in order to do your job'

They cannot be serious surely? My OH drives for a living and the depot is only 20 mins from our house. I think thats a fair distance, given the choice most people would rather a shorter commute to work than a longer one. Surely people would just resign rather than move, i am assuming that they wont be able to inforce this and my OH could just resign if this ever did occur?

They would certainly be WAY out of order if they seriously expected him to move for a job - and not even some well-paid executive type career at that....:eek:

I guess he has to go along with the new contract - but then refuse to move if they ever try to enforce that particular little clause. I cannot imagine that the DWP would try sanctioning him if they ever did try to "pull that stunt" - and certainly not for this level of job. So - I think he is best off to take the job on on a permanent basis - and then just refuse to move if they ever try to make him.

jdturk

ceridwen wrote: »

They would certainly be WAY out of order if they seriously expected him to move for a job - and not even some well-paid executive type career at that....:eek:

I guess he has to go along with the new contract - but then refuse to move if they ever try to enforce that particular little clause. I cannot imagine that the DWP would try sanctioning him if they ever did try to "pull that stunt" - and certainly not for this level of job. So - I think he is best off to take the job on on a permanent basis - and then just refuse to move if they ever try to make him.

They would make him redundant at best if he refused to move for the job, at worst he is breaking the terms of the contract and thus could be dismissed

getmore4less

Mobilty clauses come with implied T&C that most employers fail to tell you about.

Do some searches on "trust and confidence".

Any request still needs to have an element of reasonableness,
It is more reasonable for the MD to go anywhere but not the cleaner.

In a relocaion case the alternative if you can't agree is redundancy but some companies try to use the clause to make people resign or sack them and avoid paying.

very complex area as you will find if you read a few cases

At least he has 2 years service so has some protection.

continualdiamond

My OH is signing the contract, we've been waiting all this time for them to make him perm as he was orginally with the company as a agency driver, then temp, now perm.

It was not a nice way of living, as this is the only job he's had since being unemployed previously for 6mths after being sacked from his last job after his probation period ended.

Just find the whole house move thing redicilous, especially because we wouldn't move, family/friends here and i have a job as well to consider.

Im sorry but i disagree with the distance thing of 20 mins being around the corner. Maybe its 30min drive at the most, depending on traffic as its a heavily congested road for most of the journey.

To me its a fair distance and i think the company will agree with this as currently company vans are allowed to be driven home with the company covering the petrol cost, to them probably a 10 min journey is around the corner, with 30 mins being fair and a hr pushing it with them footing the bill to get drivers home.

(though not mentioned but from July they're taking this away and no company vans will be allowed to be driven home)

Round the corner to me is my job at the local school, 10 - 15 min journey in the car and a distance that if needed id be happy to walk.

Work is work, you're working to have money to live, I work close to where i live so i get more take home money rather than money spent on just getting to the job in the 1st place.

Oldernotwiser

continualdiamond wrote: »

.

Im sorry but i disagree with the distance thing of 20 mins being around the corner. Maybe its 30min drive at the most, depending on traffic as its a heavily congested road for most of the journey.
.

Even 30 minutes drive to work isn't much of a commute.

Amanita_2

ceridwen wrote: »

They would certainly be WAY out of order if they seriously expected him to move for a job - and not even some well-paid executive type career at that....:eek:

I've had to do it.

When it came to redundancy or move 100 miles across the country, I commuted daily for a year whilst we sold up.

Amanita_2

Oldernotwiser wrote: »

Even 30 minutes drive to work isn't much of a commute.

Got to agree! Having moved across the country to be near my new office I was then offered a new role in the company that I would have been crazy to refuse. I now have a 45 mile, 1 hour commute in each direction which I've been doing it for 4 years now. It's a lot better than the 200 mile daily one.

Debt_Free_Chick

continualdiamond wrote: »

Just find the whole house move thing redicilous, especially because we wouldn't move, family/friends here and i have a job as well to consider.

But, of course, he could always resign if that situation ever arose. Not ideal, but you can not be forced to move, unless you really, really want to take the new job (or the same job, but in a different location).