Changes to place of work

In England, Wales and Scotland (but not Northern Ireland — see box on page 11), “changes in the workforce” now includes a change to the “place” where employees are employed (Regulation 4(5A), TUPE, as amended).

Even though a change to the place of work is not a breach of TUPE, it must still be agreed, not imposed. In general, employees who cannot relocate after a transfer should be offered redundancy pay if they have enough service, unless they unreasonably refuse an offer of suitable alternative employment.

Sometimes employers rely on “mobility clauses” to avoid redundancy payments. Reps should be wary of mobility clauses, especially in the context of TUPE and redundancy, and take legal advice as soon as possible. Employers must act reasonably when enforcing a mobility clause and should consider each employee’s personal circumstances (see Kellogg Brown & Root (UK) Ltd v (1) Fitton UKEAT/0205/16 and (2) Ewer [2017] UKEAT/0206/16). For more information on mobility clauses, see LRD’s annual employment law guide, Law at Work (www.lrdpublications.org.uk/lawatwork).