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Office Relocation: Employee’s Rights

If your company is about to move office, it can be a worrying time for employees, particularly if the new office lease space is located much further away. It is important to weigh up the pros and cons before making any rash decisions and make sure that you are fully aware of your rights and position when it comes to the office relocation process.

Contracts with a ‘mobility clause’
If your company is relocating offices, the first thing to do is refer to your contract to see if it contains a ‘mobility clause’. If it does, you will be expected to move unless the request is unreasonable. A mobility clause outlines to employers that they will be under contract to move within certain limits, and it is therefore a potential breach of contract to refuse. However, there are exceptions for example you should be given a certain amount of written notice.

Contracts without a ‘mobility clause’
If your contract does not contain a mobility clause then as an employee you have the choice whether to move office or not, or you have the opportunity to at least try to reach some sort of agreement with your employer that will hopefully be beneficial to both parties. If you decide not to move, you will probably find that your job is made redundant. If this happens, you should be offered a redundancy package, providing you meet the qualifying criteria, for example, you’ve worked for the company for a minimum of two years.

Relocating offices
If you choose to move, you do not have an automatic right to help with the costs of an office relocation, although most good employers will offer you some sort of package. Alternatively, your contract may specify whether your costs will be covered. If you are moving overseas your contractual obligations will be more complicated, for example, there may be tax and benefit implications as well as issues over the currency your salary is going to paid in.

Striking a work-life balance
Another decision open to you is to make the commute to your new office lease space. Many people who have a family with children of school age choose to do this to avoid the upheaval of moving to somewhere new. With the world becoming more and more reliant on the internet, this option is becoming increasingly more popular as employees can travel less, save money and be based from home.

For further information on your rights as an employer, download this free Moving Office & Employment Law Guide.

 

Planning an office move? Go the office relocation planning resource centre

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