Mobility Clause

[pepperpig]

My employer has decided to move me to another site this is part of the outcome of a disciplinary I am also getting a final written warning. at my appeal hearing I said I was not happy to be moved and asked how they can move me without consultation as there is no mobility clause in my contract it just states my place of work. I TUPE transferred to this company about a year ago and upon starting with them received a letter stating that all my terms and conditions remain unchanged. At the appeal hearing the manager tried to tell me that TUPE is only for when you first transfer and then as time goes by it just dilutes and as such all other employees can be transferred so they are within their right to transfer me.

 

Are they really within their rights to do this? The site where I'm to work is really awful and I would rather resign than work there.

[becky2585]

Hmm, well it largely depends on your contract and disciplinary procedures. Do they state that a possible disciplinary sanction is to alter the place of work? I've never seen such a provision before, but if it's been offered as an alternative to dismissal, for example, it's a practical decision whether or not you take it.

 

TUPE doesn't necessarily "dilute", but as time goes on it does mean that changes are less likely to be a direct result of a transfer, although its still very much fact dependent.

 

What is their reasoning behind wanting to move you?

[pepperpig]

The reason they gave is the company does not consider it appropriate for me to work at the site anymore.

[pepperpig]

There is no mention in the staff hand book of being transferred as part of a disciplinary.

[Emmzzi]

My guess is that what you aren't telling us is, you have done something really offensive to someone at the main site. In order for them to feel comfortable at work, you need to be removed from that workplace one way or another. (Because you don't move the victim.)

 

They've chosen the way that lets you keep your job and you're feeling hard done by and having a moan about it. The alternative is you get sacked.

 

How's my intuition doing so far? If this isnlt the case we need more information in order to give decent advice.