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RELOCATION: Can mobility clauses be relied on to avoid redundancy situations?

10 March 2017  

A recent decision highlights the importance of limiting the scope of mobility clauses to what is reasonable, report Nicola Ihnatowicz and Anna Scott

The Employment Appeal Tribunal (EAT) has considered the use of mobility clauses in redundancy situations in the recent case of Kellogg Brown & Root (UK) Ltd v Fitton and Ewer [2016]. The decision makes it clear that although using a mobility clause may enable an employer to avoid dismissing employees for redundancy, the manner in which it is exercised must be reasonable.

 

Additional Info

  • Case(s) Referenced:

    High Table Ltd v Horst [1997] EWCA Civ 2000

    Home Office v Evans [2007] EWCA Civ 1089 (CA)

    Kellogg Brown & Root (UK) Ltd v Fitton and Ewer [2016] UKEAT/0206/16

    United Bank v Akhtar [1989] UKEAT/230/88

Last modified on 10 March 2017