An employee’s place of work is usually specified in their contract of employment. We would also recommend that a mobility clause is also included within the contract of employment, providing that the employee may be required to work at other locations within a specified area.
We are looking to move offices, can we enforce that all staff have to work at the new premises? If you are proposing to change an employee's place of work, you should fully consult with the employee(s) and / or their representative(s) and explain and discuss the reasons for change. The existence and also the exact working of any contractual clause, together with the reasonableness of the move would affect whether you can enforce this change. For advice on this area feel free to contact us.
If someone refuses to move premises can we make them redundant? This again is dependant on the wording of the contract as to whether you have the right to change their place of work and the reason for their refusal. Each case would have to be reviewed on it's individual merits.
I have just reviewed our contracts of employment and we are no longer at the address stated. Will I have to issue new contracts out to all employees? No, however I would advise you ensure that new contracts issued state the current place of work. For all employees whose contract states the old address we would advise that you confirm changes in writing as a variation to contract letter.
We often need our employees to work at different sites. I am aware we need this in our contracts but do we have to state the specific sites? It would be advisable to indicate in the contract of employment that the employee will be required to work at various places, as dictated by the needs of the business. There is no requirement to specify the exact locations but an indication of the area covered would be appropriate.
|