TUPE and changes in location

A change to workplace location is no longer a substantial detrimental change for the purposes of regulation 4(9). The law changed for transfers on or after 31 January 2014 (new regulations 4(5A) and 7(3A) of TUPE).

As a result, forced relocation to a new site or workplace after a transfer will no longer result in a finding of automatically unfair dismissal. The change has been achieved by adding a “change of location” to the “changes to the workforce” that are capable of justifying a contract variation or dismissal under TUPE. The meaning of “changes to the workforce” is explained on page 401-403.

Even though a dismissal that is due to an employee’s inability to relocate following a transfer will no longer be automatically unfair, it must still meet all the normal requirements of a fair dismissal. In particular there must be proper consultation, a search for alternative employment and if redundancy is unavoidable, notice or notice pay, plus a redundancy payment for qualifying employees (see Chapter 11).

Claims under regulation 4(9) of TUPE and constructive dismissal claims are high-risk courses of action that should only ever be a last resort, after taking careful advice. Both types of claim involve resigning from employment.