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HR buddies

The Covent Garden HR Buddies is an initiative facilitated by Clarkslegal to offer the London HR community the opportunity to meet with like-minded peers, attend relevant seminars and workshops and boost your knowhow of the issues specific to this sector.
 
It’s free and open to anyone interested in HR. It sets its own agenda, so it can be purely social or facilitate presentations to help prevent HR problems for companies in the London area. So if you want to network face to face contact
buddy@clarkslegal.comClick here for further details about our next HR Buddies event.  

If, alternatively, you wish to network online with other HR professionals, then using the discussion forum below, is your ideal opportunity to do so.

Please feel free to post new queries or questions, and/or reply to ones already posted. All you have to do is register a few details, then you will be ready to post your thoughts.

You can post a new query by selecting the tab "new thread". To reply to a post, select that post and then choose the "reply" tab.

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  Discussions  Buddy's question time  Overseas travel...
 Overseas travel
 
creynolds
103 posts
5th
Joined
12/12/2006

Overseas travel
Posted: 03 Dec 07 9:34 AM
This week buddy was asked:  A new Employee is refusing to fly abroad for a business trip because of his fear of flying. Can we force him to go or terminate his employment if he refuses? He took the position knowing there would be overseas business travel, and as he is a senior employee no-one else can take his place.
creynolds
103 posts
5th
Joined
12/12/2006

Re: Overseas travel
Posted: 11 Dec 07 3:11 PM

Buddy says:  The answer depends on whether or not there is a clause in the employee’s contract which requires him to travel abroad as part of his duties.  If the employment contract has such a travel clause in place, then the employee must obey your lawful and reasonable instructions to attend the meeting. Where an individual contravenes a contractual term, this gives grounds for dismissal.

If there is no such term in the contract then it may be possible to imply that foreign travel is the norm for a senior person in your industry or that overseas travel was an obvious requirement, although not stated in the contract. However, any attempt to force the employee to travel may result in him resigning and bringing a claim for constructive dismissal (assuming he has over 12 months' service).

If the employee has less than 12 months' service, you could terminate his employment on the grounds that over seas travel is a pre-requisite for the position. If however, he has over 12 months’ service, you may have to consider on what grounds you can legally terminate employment, for instance capability. You would also need to show that the Statutory Dismissal and Disciplinary procedures have been followed.
 

Employer information:  In future, when conducting your interview process, you should check that candidates are suitable for the position. Therefore if travelling is a prerequisite for a job you should ascertain if the candidate is capable of travel, does not suffer from agoraphobia or claustrophobia, and has a valid passport.

Also make sure that any relevant employment contracts state any travel requirements, including details of frequency of travel and approximate amount of travelling time.

You should also be aware that your employee's flying phobia may constitute a disability under the Disability Discrimination Act 1995 (DDA). The DDA covers mental impairments which can include phobias. Therefore, it may be wise to seek an independent medical opinion to find out if the phobia has a substantial adverse effect on the employee’s day to day activities.  If so, you will need to consider if there are any reasonable adjustments that can be made to the employee's role (such as limiting travel to the UK only), before moving to dismiss. 

  Discussions  Buddy's question time  Overseas travel...
 
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