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” capable of justifying a contract variation and avoiding an automatically unfair dismissal under TUPE. The meaning of “changes to the workforce” is explained on page 480. 



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 and a search for alternative employment. If redundancy is unavoidable, the employer must provide notice or notice pay and a redundancy payment for those who qualify (see Chapter 11).