Place of work and mobility clauses
Place of work and mobility clauses

The following Employment guidance note provides comprehensive and up to date legal information covering:

  • Place of work and mobility clauses
  • Mobility clauses
  • Contracts without a mobility clause
  • Redundancy

The written statement of particulars of employment issued to a worker to comply with section 1 of the Employment Rights Act 1996 (ERA 1996), which usually forms part of a contract of employment, must include details of the worker’s place of work or, where the worker is required or permitted to work at various places, an indication of that, and the address of the employer.

For sample wording, see Precedents:

  1. Employment contract basic version (clause 6)

  2. Executive service agreement (clause 6)

  3. Clauses—place of work, residence, mobility and relocation

  4. Written statement of particulars of employment (worker) (clause 5)

Mobility clauses

Many contracts of employment contain a clause which entitles the employer to move the employee to a different place of work—known as a 'mobility clause'. However, there are constraints on the way in which an employer can exercise such an express contractual right. In particular:

  1. the power to move is subject to an implied term that the employee is given reasonable notice of any move

  2. the employer should consider consulting with employees about any possible move in advance, where that is possible

  3. it may be that the requirement to be flexible about place of work is indirectly discriminatory on the grounds of sex or marital status, in which case the decision to move the employee would have to be objectively justified as