Mobility clause invoked

[Prouty99]

Here is a brief rundown of the situation

 

I was offered an interview in writing for a job based at a certain location (i will refer to this as location x)

 

I went to the interview, was offered the job which i accepted as the contract stated in big bold letters the address at which i will be based (location x), OR (in smaller letters) any other location that was discussed at the interview OR any of the addresses of the company.

 

I made sure i got emails from the two people who interviewed me stating that the only place that was discussed was location x.

 

I started the job (which i knew, and accepted would involve travel from location x, to other locations throughout the network)

 

This was great, as the company procedures allowed me to claim mileage expenses from location x, to all other locations, and back to location x, and location x is 10 minutes from my home !

 

Sweet !

 

Not really, as on week 6, without warning they moved my base from location x, to location z which is 30 miles away, therefore i cannot claim mileage from location x anymore, and must pay the costs of fuel myself to location z, and from location z back home, which is around £340 a month !

 

I felt as though i had been mislead, and decieved into the job (which i actually left a job to go to as it was closer to home)

 

I raised the issue informally intending to go to the written stage of grievance, and this eventually lead to my contract being terminated before i got to level 2

 

The mileage thing really galled me as the person already located at location z (her home town), was moved to location x on the same day and faced the same issues

 

We were facing passing each other on the motorway on the way to work, and neither of us could claim any fuel costs !

 

Breach of contract ? or just invoking a weak mobility clause in order to save company money ?

[rebel11]

Hi pro

 

Here's some info:-

 

http://www.direct.gov.uk/en/employment/employees/employmentcontractsandconditions/dg_10028541

[Prouty99]

Thanks for the link, although i'm wondering that maybe i should just have refused to accept this and they would have maybe had to make me redundant

 

Anyhoo, as the advice goes on direct gov, they mention speaking to your employer about the situation as they may be able to help.

 

In reality i actually did this, and basically was told to accept the changes or leave.

 

Now here is where i go off at a tangent (as usual)

 

Also on my contract it states the yearly salary, so therefore that is the salary i signed the contract for. Six weeks into employment the salary i signed for becomes minus 12 months X £340 = £4080 per year less than the contractual salary.

 

Unlawful deduction of wages ?

 

Breach of contract ?

 

Section 15 Obtaining goods and services by deception ?

 

Fraud ?

 

Those are just off the top of my head....Any thoughts ?

[rebel11]

Hi Prouty

 

It all sounds a bit suspect and planned/designed to save the company money. I think you have to go through the internal Grievance procedure. I'm not sure an Employment Tribunal will look at the matter due to the length of service. Has the other person complained?

 

http://www.acas.org.uk/index.aspx?articleid=2042

 

http://www.acas.org.uk/index.aspx?articleid=3728

[assisted blonde]

Hi I can see your thinking but i dont see that there is a lot of milage in it, not unlawful deduction of wages as they are not taking anything from your wages (cost of getting to and from work is normally down to the employee) Breach of contract not really, as it says at any other location so i think they are covered, goods and services by deception again cant really see this one having any real mileage

Why were you moved to another location and why was the person who lived in the other location moved to yours? were you both doing the same job?

I agree its all a bit annoying but due to you only being there a short while I cant see that there would be a lot your could do.

[Prouty99]

Thanks for the replies folks

 

What about equal pay claim ?

 

myself and the location z girl were switched, but the other 2 females at location C & D were unaffected, although all 4 employees do a carbon copy job, with a carbon copy contract

 

i know its stretching, but its better than walking away and letting them walk scot free

 

i think the less than 12 month rule is a scandal, this allows anything within that time frame, you name it, sacking for trade union membership, racist victimisation, sex discrimination, instant dismissal on zero grounds. pay you if they feel like it, bullying, releasing your medical records, you name it....

 

What would yould you do about it, hey its the law

[Prouty99]

And for Mr.Rebel...,

 

 

Yep, i went through the informal stage of grievance, but they dismissed 3 days later before i got to stage 2

 

 

Dismissal during ongoing grievance...

 

 

Less than 12 months service, so stuck again

 

 

I am attempting to continue grievance after dismissal, but lets see where it goes