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Office relocation

Hi all Hoping for some advice and sense check please? We are currently in discussions with employees regarding an office relocation which means there is a difference in distance between the current office and new office location of circa 8miles each way. We have reviewed difference between home and current and home and new location. A good few of the employees are refusing to move saying that it isn’t reasonable for them to do. The reasons range from “I don’t like driving” and “childcare responsibilities “. And no mode of transport as currently walk to work. Our contracts state a specific work location but that we operate a flexible work location and state about working at different locations with appropriate notice. . We also have employees who have been working from home due to covid but we want them to work at the new location albeit a hybrid and they are refusing to come back in but our company stance is office 3 days can work from home 2 days I’m not sure how we are going to determine what’s reasonable but if it they deem to not be reasonable what are the next steps? Are they resigning? Is it a redundancy situation although their roles do exist but a short distance away from the current location And given our contract wording. We should take! Any help appreciated Thanks I keep going round in circles on our approach !!
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  • Hi Kerry

    If you Google such as ‘mobility clauses relocation’ you’ll get expert commentary such as this:

    www.dentons.com/.../mobility-clauses-in-employment-contracts-reasonableness-is-key

    In essence, merely having a mobility clause doesn’t necessarily mean that it can be relied upon, but consulting copiously and acting totally reasonably can be key to enforcing it successfully. But if it’s too widely drafted in the first place, it might be deemed unreasonable in itself and therefore not enforceable.

    As I recall, case law has it that you should seek *reasonably* to invoke any mobility contractual obligations before any mentions of ‘redundancy’. And good employee relations practice has it that you shouldn’t risk disengagement of most or even many of your staff via creating discontent about all this but seek to compensate them reasonably if they are personally negatively affected by potential relocation. And that all this is going to be very fact-specific, so relocating eight miles across such as London may be a massive imposition for many staff whereas to the next town along good direct and regular transport connections might not be. And that depending on their personal circumstances eg location; car ownership; seniority etc etc individual staff need totally bespoke and individual consultation in the matter.

    A lot to ponder for you and your employers!

  • It will cone down to the wording and reasonableness as David says.

    Without seeing the wording there is a risk that the clause you refer to isn’t a mobility clause at all but merely a clause referring to the requirement to work from other locations on a short term basis.

    This may be a redundancy situation so you need to tread carefully.
  • Just on top of the excellent advice already given:

    our company stance is office 3 days can work from home 2 days


    Why? Is there an operational justification as to why people able to perform their duties from home must come to the office for two days per week? Or have business leaders simply put their finger in the air, looked around at what other people are doing and said "yup, looks about right", because they can't imagine not physically seeing people sitting at desks in the office they pay tens of thousands of pounds a year to occupy?

    Because if it's the latter, they should look seriously at a more intelligent, evidence-led approach to hybrid working, which would assume remote working as the default and office attendance only when it is operationally justified.

    Not only will this save you from the inconvenience of later having to justify the arbitrary two days per week, but it will also completely resolve the issue with the office move - and let you move into a much smaller office at substantial capital savings.