WITH some national firms having to close down their Sheffield operations due to last week's rain, many will consider if they can temporarily relocate staff to other offices, such as nearby Liverpool.
But how far can staff, literally, be expected to go in these circumstances?
The employee’s contract is key here.
If the contract gives a specific workplace then an employer who makes an employee move to another workplace will be breaching that contract. Given adequate notice,It may be possible to vary such clauses to cater for the move, but employers should tread carefully when doing this.
The employer’s most likely argument is that the move is necessary to enable the business to work properly.
However, if the contract has a wide- ranging “mobility� clause then the employer may be able to relocate the employee. In this case an employee who refuses the move may be in breach of their contract.
In the absence of such a clause, an employer may still be able to argue that the clause has been ‘implied’ in to the employee’s contract.
If an employee regularly travels long distances the employer could argue that there is an implied term through “custom and practice�.
Each case will vary, depending on individual circumstances. For example, senior employees may be required to be more flexible with their place of work than junior ones.
There is also an implied term of trust and confidence in every employee’s contract. So even if there is a clause that allows for the move, an employee’s personal circumstances should always be looked at.
Employers must give employees adequate notice of the proposed move and discuss the move with the employee as soon as it becomes a possibility.
STUART JONES is a partner at Weightman’s solicitors.