The mobility clause

legal updates

The Court decided that the employers were entitled to use the mobility clause instead of pursuing redundancy.

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Many employers and employees are looking constructively at how to ride the recession without losing employment in total. 

In the case of Home Office v Evans and others 2008 the employer had a separate facility which was in need of closure.  Instead of making redundancies, as was initially planned, the employer invoked a mobility clause to change the location of work for the employees. 

The employees resigned and claimed constructive dismissal.  The Court eventually decided that the employers were entitled to use the clause instead of pursuing redundancy. 

Lawgistics advice is to ensure you have a mobility clause in your contracts if you have more than one site.  It will increase your versatility if your business needs change. 

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