Mobility clause in employment contract

[Buzypea]

After a bit of advice. Today my employer has asked that I start working at an office in Canary Wharf for 1 day a week. In my contract it states “Mobilty Clause = 35 miles”. Canary Wharf is 45 miles from home. Does this mean I can refuse?

[xx99xx]

Do they measure in a straight line or via the shortest distance road route?

[Buzypea]

Not sure, but even in a straight line it would exceed 35 miles.

[clived]

Is the 35 miles defined as from your home or your normal place of work in your contract?

[Buzypea]

clived said:

Is the 35 miles defined as from your home or your normal place of work in your contract?

It doesn’t actually say, maybe I need to confirm with HR. Just says mobility clause = 35 miles. I presume it would mean from home.

[edc]

Buzypea said:

It doesn’t actually say, maybe I need to confirm with HR. Just says mobility clause = 35 miles. I presume it would mean from home.

Why would you presume that?

The one thing the business has control of is the office locations not where people choose to live.

[Algarve]

Buzypea said:

It doesn’t actually say, maybe I need to confirm with HR. Just says mobility clause = 35 miles. I presume it would mean from home.

If that were true you could scupper any attempted office move, by moving home in the other direction.

Its quiet clearly from your office. How far is your office to the new location?

[anothernameitist]

It will be 35 miles office to office

If you have less than 2 years service you will be out like a shot

If you have more than 2 years service you might still be out.

My advice for the sake of a perceived 10 miles on one day a week stick to it

[Buzypea]

Just checked over my contract and it says my base location is Bracknell. Even though I don’t ever work in Bracknell, the company I work for has a large office there. I normally work at a customers office in Surrey, 25 miles from Bracknell.

With that being the case and Bracknell being 46 miles away from Canary Wharf, can I refuse to go to Canary Wharf?

[geeks]

Buzypea said:

Just checked over my contract and it says my base location is Bracknell. Even though I don’t ever work in Bracknell, the company I work for has a large office there. I normally work at a customers office in Surrey, 25 miles from Bracknell.

With that being the case and Bracknell being 46 miles away from Canary Wharf, can I refuse to go to Canary Wharf?

Why do you want refuse?

[Jasandjules]

geeks said:

Why do you want refuse?

I am guessing a huge increase in commuting time and costs..

[Truckosaurus]

If they are sending you somewhere further than your mobility clause, doesn't that just mean you can claim the expenses for the travel?

[MagicalTrevor]

Let's say your current commute in 1 hour and commuting to Canary Wharf is 1.5 hours. The solution is that you commute there and shorten the day by half and hour at each end of the day or claim 1 hour overtime (presumably at 1.0x) when you do. You'd be mad to drive into CW so claim the train fare as expenses.

Simple. Next question.

[xx99xx]

Surely travelling anywhere that isn't your base location is claimed as business expense? So could/should you claim for your daily commute to Surrey because it's not your base location?

[Buzypea]

Ok, to answer some previous questions:

I am not a millennial (nearly 50) - not sure why that was asked.
I’ve been in the job for 21 years.
I can and do claim travel expenses - that is not the issue.
I would prefer not to do the commute as it is 2 hours door to door using the train, currently my commute is only 1 hour by car.....and I hate trains / tubes in rush hour!


The distance in a straight line from our Bracknell office to Canary Wharf is 33 miles measured by Google maps, but by road it is around 40. So as the crow flies it is within the mobility clause distance, but by road / rail it is not.

I’m guessing my employer will use the straight line measurement (can anyone confirm this?) so looks like I’ll have to suck it up.

Edited by Buzypea on Friday 10th August 16:28

[carinatauk]

Buzypea said:

I’m guessing my employer will use the straight line measurement (can anyone confirm this?) so looks like I’ll have to suck it up.

This I am afraid, you have probably answered your own question. That said, there is no reason why you cannot sit down with HR / boss and discuss increased travel times and cost. You just have to decide whether it is material enough to you.