TUPE with existing mobility clause

jonnyboyjr

Good morning all.

Im about to start talks with HR as the IT project Im working on is being 'on-boarded'. I currently work from home and have been performing this particular role for 5 years.
The new employer wants me to relocate 3 hours south. My employment contract contains a wide open mobility clause, saying I will relocate to anywhere on the globe; but I wondered what a tribunal might think about this?

Since signing the contract (11 years ago) I've got married and care for my now disabled dad, so moving isn't an option for me right now. In my eyes a forced move would be of material detriment financially and would cause huge amounts of issues for my family.

Do you think I'd have a case at tribunal?

Any thoughts would be welcome.

Thanks all.

JBJ

Ozzuk

Case for what? Forcing them to let you work from home or getting a better settlement?

If you are considering action then you should get paid legal advice, TUPE is highly compex area, but the business can change terms if they have an economic arguement. That said, 3 hours move doesn't sound reasonable so you could be looking at a redundancy situation. This used to be automatically deemed unfair, but that changed in 2014 I think and its now less clear cut.

As I said, complex area so paid advice is the way forward. the added risk is your contract clause, if a tribunal sees that as reasonable (on balance) then you're at risk of terminating your employment if you don't agree with the move. A proper minefield!

getmore4less

Your best bet may be getting taken off the project and put on another one by your current employer.

jonnyboyjr

Thanks both.

I'd be happy with redundancy or an office within an hours commute. The nature of the business means that they have locations all over the place. Its just that my team will be miles away.

I plan to get legal advice once I think the negotiations are moving towards a particular direction, but wanted a sounding board in advance.

JBJ