TUPE and changes in location


It used to be the case that a compulsory change in work location following a transfer (for example, a change of depot) could result in an automatically unfair dismissal. This is no longer the law, following changes to TUPE that took effect on 31 January 2014 (new regulations 4(5A) and 7(3A), TUPE). It is no longer possible to argue that on its own, a change to workplace location is a “substantial detrimental change” entitling affected employees to resign and claim automatic unfair dismissal. 


The change was achieved by adding “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 444. 


Although a dismissal due to an employee’s inability to relocate following a transfer is no longer automatically unfair, it must still meet all the normal standards of a fair dismissal, including proper consultation, a search for alternative employment and if redundancy is unavoidable, notice or notice pay, plus a redundancy payment for those who qualify (see Chapter 11). 


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