A mobility clause in employment contract can give an employer some flexibility to change an employee’s place of work, but it should not be treated as unlimited power.
Employers may need staff to move location because of office closures, business growth, restructuring, client needs, hybrid working arrangements or changes to operational requirements. A mobility clause can help, but the employer still needs to act reasonably and handle the process carefully.
If a workplace move is imposed badly, the employee may object, raise a grievance, refuse the move or claim that the employer has breached the contract.
What is a mobility clause?
A mobility clause is a term in an employment contract that allows the employer to require the employee to work at a different location in certain circumstances.
The clause may be narrow, such as allowing a move between nearby offices. It may be wider, such as requiring the employee to work at any business location within a particular region or within reasonable travelling distance.
The wording matters. A vague or excessive clause may be harder to rely on, especially if the proposed move is significant.
Why employers use mobility clauses
Employers use mobility clauses to give the business flexibility. Without one, changing an employee’s normal workplace may be more difficult, especially if the contract clearly identifies one fixed place of work.
A mobility clause may be useful where the employer has several sites, expects client-based working, may relocate teams, or needs flexibility because of changing business needs.
However, the clause should reflect the reality of the business. A very wide clause that is unlikely ever to be used may create uncertainty and may not help the employer if challenged.
Check the wording before relying on it
Before relying on a mobility clause, employers should read the exact wording of the contract. The clause may not cover the proposed change.
Employers should check:
- which locations are covered
- whether the clause refers to reasonable notice
- whether the move must be within a reasonable distance
- whether the clause allows temporary or permanent moves
- whether expenses or travel time are addressed
- whether the employee’s role is suitable for relocation
If the clause is unclear, old or inconsistent with how the employee has actually worked, the employer should take advice before relying on it.
Employers reviewing contract wording may need practical help with contracts of employment.
Using a mobility clause employment contract reasonably
Even where the contract contains a mobility clause, the employer should use it reasonably. Acas guidance on changing employment contracts says employers should use flexibility clauses reasonably and only make reasonable changes.
Reasonableness will depend on the facts. A move of a few miles may be easier to justify than a move that adds hours to an employee’s commute or affects childcare, disability needs or caring responsibilities.
The employer should consider the impact on the employee, the business reason for the move and whether alternatives are available.
Consult before changing workplace location
Consultation is usually sensible before requiring an employee to move workplace. The employer should explain why the move is proposed, when it would happen, where the employee would be expected to work and what support may be available.
Consultation gives the employee a chance to raise practical concerns. These may include travel time, transport costs, childcare, disability issues, caring responsibilities or working hours.
A rushed instruction to move location can create unnecessary conflict. Proper consultation helps the employer understand whether the change is workable and whether adjustments are needed.
Give reasonable notice of a mobility clause in employment contract
Employers should give reasonable notice before requiring a workplace move. What is reasonable will depend on the distance, the employee’s circumstances, the reason for the move and the practical disruption caused.
Short notice may be acceptable for a temporary move in an emergency. It is less likely to be appropriate for a permanent relocation that affects travel, family arrangements or costs.
Giving proper notice can reduce resistance and help the employer show that it acted fairly.
Consider travel, expenses and practical impact
A workplace move may create additional travel time and cost. Employers should consider whether expenses, travel allowances, temporary support or phased arrangements are appropriate.
The contract or policy may already deal with travel expenses. If not, the employer should be clear about what support, if any, will be offered.
Employers should also consider whether the move affects working hours. A longer commute may cause practical problems, especially for employees with childcare or caring responsibilities.
Discrimination and fairness risks
Using a mobility clause can create discrimination risks if the move affects some employees more than others.
For example, a relocation may create particular difficulty for disabled employees, pregnant employees, employees with childcare responsibilities, older workers or employees with caring commitments.
That does not mean an employer can never require a move. It does mean the employer should consider objections carefully and think about reasonable adjustments or alternative arrangements where appropriate.
What if the employee refuses to move?
If an employee refuses to move, the employer should not rush into disciplinary action. The first step is to understand why the employee is objecting.
The employer should review the contract, the reasonableness of the instruction, the consultation process, the employee’s personal circumstances and any alternatives.
Possible next steps may include further consultation, a temporary arrangement, hybrid working, adjusted hours, travel support or a different role. If agreement cannot be reached, the employer should take advice before considering dismissal or other formal action.
Drafting a better mobility clause in employment contract
A good mobility clause should be clear, realistic and suitable for the business. It should not be wider than necessary.
Employers should consider whether the clause should cover:
- specific sites or geographical areas
- temporary and permanent moves
- reasonable notice
- business reasons for relocation
- travel and expenses
- homeworking or hybrid working expectations
- client site working where relevant
Employers should avoid copying generic clauses without checking whether they fit the business. Poor wording can create uncertainty when the employer later needs to rely on it.
Practical checklist for employers
Before relying on a mobility clause, employers should ask:
- Does the contract clearly allow the proposed move?
- Is the move reasonable in the circumstances?
- Has the business reason been explained?
- Has the employee been consulted?
- Has reasonable notice been given?
- Have travel, expenses and working hours been considered?
- Are there disability, childcare or discrimination risks?
- Are alternatives available?
- Should the change be confirmed in writing?
- Is legal advice needed before formal action?
Getting a mobility clause in employment contract right
A mobility clause in employment contract can be useful, but it must be drafted and used carefully. Employers should not assume that a clause allows any location change in any circumstances.
The safest approach is to check the wording, consult the employee, consider the practical impact and record any agreed changes clearly.
Employers Law helps employers review mobility clauses, employment contracts and proposed workplace changes. If you are planning a relocation or changing where employees work, early advice can reduce the risk of disputes.
For practical help with written employment terms, visit our contracts of employment page. For wider support, Employers Law also provides free employment law advice for employers across a full range of workplace issues.