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Employer relocation

Employee rights

image of person on bike and banner stating Relocation expensesIn this article we look at the rights of an employee where an employer moves the location of their workplace.

My employer has told me that the location of the business will be moving, what should I do next?

If your employer moves your place of work to a different location, you should first of all check your contract of employment for a relocation or mobility clause.

A mobility or relocation clause will state that the employer has the ability to move location within certain limits. This will allow the employer to move employees to a new location, unless the move is totally unreasonable, e.g. to a different country, where this is not covered in the contract.

Many excellent employers provide reimbursement schemes for employees who have had to move in order to relocate.

 

What can I do if I never received an employment contract ?

You are entitled to receive a copy of your terms of employment within five days of commencing employment. This is covered by the Terms of Employment (Information) Acts 1994 and 2001 as amended by the Employment (Miscellaneous Provisions) Act 2018

for more on terms of employment see

 

What if I do not have a mobility clause in my contract of employment?

If you do not have a mobility clause in your contract/terms of employment then you can negotiate relocation expenses with your employer. In some circumstances the Courts have held that there was an implied mobility clause. The courts will consider what is reasonable in the circumstances.

It may be possible to claim redundancy. The Redundancy Payments Acts 1967-2007 states that a genuine redundancy occurs where "the employer has ceased or intends to cease to carry on the business in the place where the employee was employed".

You should be very careful before deciding to claim redundancy or constructive dismissal. The case law shows that each case is decided upon its own particular circumstances. It is better to take professional advice on whether or not you qualify for redundancy , constructive dismissal or any other remedy before you resign.

 

Where can I get independent advice on relocation expenses ?

You can get in touch with us using the orange Yes! Tell Me More button below. We will contact you at a time that suits. Take care. Take advice.

 

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