An employee’s job is becoming redundant, we are offering suitable alternative employment elsewhere, utilizing the mobility clause within his contract. We are worried that he will claim unfair dismissal if we fire him for refusing to take up the alternative job offer. He is claiming that the new job location is an unreasonable distance for him to travel.

Is it true that an employment tribunal considers anything over 45 miles or 1hours traveling time, an unreasonable amount of time to demand an employee to commute?

Would it also be thought of as unreasonable to demand them to relocate for only a 4 month period?

I know the answer will depend a lot on a case-by-case basis, type of employment and the actual individual concerned, access to public transport etc.

So please answer with the assumptions that the type of employment does not normally require changes in location. The employee is on minimum wage, and the location is too rural for public transport.

Does the fact that the employee is on a fixed contract effect the decisions any tribunal would make. As it means the employee effectively has no choice but to accept our offer or be in breech of contract, as there is no notice period.

Does this fact help or hinder our case, as he is claiming he would not have signed the contract originally if the place of employment were at the new location.

Many Thanks in advance.

bob hope