Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • SRRAE
    • By SRRAE 9th Aug 18, 9:32 AM
    • 14Posts
    • 0Thanks
    SRRAE
    Job relocating - mobility clause advice
    • #1
    • 9th Aug 18, 9:32 AM
    Job relocating - mobility clause advice 9th Aug 18 at 9:32 AM
    Hello,

    My employer is closing our site in Knowsley (near Liverpool) and moving us all to Manchester just right near Manchester Airport.

    Currently my commute is very easy and pleasant. It is about 12 miles and on average takes between 25-30 minutes and with several variations of getting there if there's any major road works I can have several alternative routes go avoid them.

    They are moving us to a site which is on the Manchester Airport junction on the M56. Distance wise it is only 15 miles further commute, however the commute will go from 30 mins one way to a typical 1 hour 30 mins one way.

    I went to unversity in Manchester and had a previous job at a similar location and I know the typical 1:30 travel time is on a good day and any accident or delay on any motorway near Manchester has a massive knock-on effect to this route.

    Also the change in commute time mean I wont be able drop off or pickup my kids at before/after school club. We also are allowed 2 hours for dentist, doctor or hospital appointments which allows me time to leave work, go my appointment and return within the alloted time. With the increased commute this will not be possible and we've been told no extra time will be given.

    There is a mobility clause in my contract which is below
    "You will be based at the location specified in Part A. The Company reserves thr right on reasonable notice to change this either on a temporary or perminent basis to work at any premises of the Company or any other Group Company within the UK."

    I've looked in to it a little and it's gone against companies who have such generic clauses.

    Any advice on what my rights are and how I should go about this would be appreciated.

    Thank you.
Page 1
    • TBagpuss
    • By TBagpuss 9th Aug 18, 9:41 AM
    • 6,825 Posts
    • 8,948 Thanks
    TBagpuss
    • #2
    • 9th Aug 18, 9:41 AM
    • #2
    • 9th Aug 18, 9:41 AM
    What do you want to achieve? Are you looking to argue that your job is redundant due to the closure of the site?
    • getmore4less
    • By getmore4less 9th Aug 18, 10:35 AM
    • 33,235 Posts
    • 20,067 Thanks
    getmore4less
    • #3
    • 9th Aug 18, 10:35 AM
    • #3
    • 9th Aug 18, 10:35 AM
    The job is redundant

    it will be a case of is the new job a suitable alternative.

    If the only thing that is changing is location then 15miles/1hr is well within acceptable.

    Consultation will be needed
    • SRRAE
    • By SRRAE 9th Aug 18, 11:28 AM
    • 14 Posts
    • 0 Thanks
    SRRAE
    • #4
    • 9th Aug 18, 11:28 AM
    • #4
    • 9th Aug 18, 11:28 AM
    I feel there are several possibilities.

    Working from home most of the week.
    This has been mentioned as an unofficial workaround, but all it takes is a change in management to start demanding everyone comes in everyday and we are screwed. I'd want it official.

    I would also like wages increased to reflect the higher going wage the job position achieves in the Manchester area. Wages for similar jobs based in Manchester are about 10% higher.

    Failing that I want to be offered redundancy,
    • Ozzuk
    • By Ozzuk 9th Aug 18, 11:47 AM
    • 1,455 Posts
    • 2,132 Thanks
    Ozzuk
    • #5
    • 9th Aug 18, 11:47 AM
    • #5
    • 9th Aug 18, 11:47 AM
    You can ask, you may get a temporary additional payment but 15miles doesn't sound unreasonable so very unlikely you will be offered redundancy so your choices will be stay or go.

    Are other people in a similar position? Group bargaining may help - are you in a union?

    Might be time to look for a new job closer to home (or move).
    • sangie595
    • By sangie595 9th Aug 18, 12:07 PM
    • 5,465 Posts
    • 9,393 Thanks
    sangie595
    • #6
    • 9th Aug 18, 12:07 PM
    • #6
    • 9th Aug 18, 12:07 PM
    I feel there are several possibilities.

    Working from home most of the week.
    This has been mentioned as an unofficial workaround, but all it takes is a change in management to start demanding everyone comes in everyday and we are screwed. I'd want it official.

    I would also like wages increased to reflect the higher going wage the job position achieves in the Manchester area. Wages for similar jobs based in Manchester are about 10% higher.

    Failing that I want to be offered redundancy,
    Originally posted by SRRAE
    You can ask for anything you like. Obviously, whether you get it or not is an entirely different matter.

    I am afraid that there also a difference between what you think is "too generic" a mobility clause, and what actually is. As a starting point, generally employment tribunals operate on any reification within 50 miles / 90 minutes is reasonable whether or not there is a mobility clause. That's case law that has been repeatedly tested (it is, by the way, also the criteria used by the DWP for out of work benefits), and whilst some exceptions have been allowed, they are few and far between. If your employer refuses redundancy, are you willing to voluntarily give up your employment, with no entitlement to benefits, to test that? Because if you are, you're a lot braver than I am.

    You have no right to time off for your appointments, and the employer is not even changing that term - so that has no relevance. The fact that you couldn't make it within that time is unfortunate, but there will be people currently who also can't because they have a longer commute now. I'm afraid that just falls into the category of cookie crumbling- you are lucky to get any paid time off for appointments as many employers don't offer it.

    And I'm afraid that you won't appreciate this point, but your childcare arrangements are nothing to do with your job. You could ask for flexible working to either reduce your hours so you can continue to do so (or share with the other parent) or look at other potential variables in working to improve your balance on work / life, but obviously a reduction in hours would go alongside a reduction in pay.

    You are on a hiding to nothing asking for a wage increase to reflect higher living costs in Manchester. It'd be a hiding to nothing in the best of circumstances - given you are not moving to Manchester then your living expenses actually aren't increasing! You could ask about the possibility of an allowance for the additional mileage, but that would be temporary.

    But the cards here are on the employers side, and there is no real reason they have to offer anything at all. So you / your colleagues will need to be realistic about how much power you have to negotiate anything.

    One final point, but if there is a recognised union, obviously it will be them that does the negotiating anyway, and them that agrees any terms. In which case, unless you are a member, you won't get any say.
    • getmore4less
    • By getmore4less 9th Aug 18, 12:16 PM
    • 33,235 Posts
    • 20,067 Thanks
    getmore4less
    • #7
    • 9th Aug 18, 12:16 PM
    • #7
    • 9th Aug 18, 12:16 PM
    I feel there are several possibilities.

    Working from home most of the week.
    This has been mentioned as an unofficial workaround, but all it takes is a change in management to start demanding everyone comes in everyday and we are screwed. I'd want it official.

    I would also like wages increased to reflect the higher going wage the job position achieves in the Manchester area. Wages for similar jobs based in Manchester are about 10% higher.

    Failing that I want to be offered redundancy,
    Originally posted by SRRAE
    Saying the job is suitable with a 10% pay rise throws every other argument it is not out the window.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

676Posts Today

6,619Users online

Martin's Twitter