Can I relocate my employees?
You may find yourself considering relocating employees for a variety of reasons: you are relocating your business, merging with another business, or opening another site. As businesses adapt to changing needs and opportunities, the process of moving an employee to another location becomes a significant consideration. In this blog, we’ll delve into the legalities and key factors surrounding relocating employees, providing employers with valuable insights and guidance on navigating this complex aspect of workforce management.
Redundancy due to office relocation
If the employee is adamant that they do not wish to move, a redundancy situation may arise as their job at their current workplace no longer exists.
The employee cannot unreasonably refuse any suitable alternative employment options. What is reasonable would depend on the circumstances. For instance, if the location is close and easy to get to and does not significantly disrupt the employee’s family situation, it may be unreasonable for the employee to refuse. Eligible employees may lose their redundancy pay if they unreasonably refuse.
If an employer decides to move premises, even if it is a very short distance, that is a potential redundancy situation given one of the statutory definitions of redundancy is a workplace closure. However, as mentioned above, employers can avoid a redundancy situation in this regard if they have a mobility clause in their contracts and can choose to exercise that clause as an alternative to making redundancies.
Again, any mobility clause must be exercised reasonably. If the new workplace is very close to the old one, that will not pose a problem. If, on the other hand, the new site is further away and would add significantly to an employee’s commute, it may not be reasonable to expect them to travel. There are not, however, set distance rules surrounding an office move and redundancy.
Business transfers
Employee rights, including all those outlined in the Contract of Employment, continue in the case of business transfers. Irrespective of whether the old or new owner wants to relocate, employee rights continue as normal and will need to be thought about.
Need professional advice?
Often in these situations, talking things through with a professional can help you to weigh up your options and avoid costly mistakes. Our team of legally-qualified Employment Law specialists can guide you through the legalities of moving premises and any subsequent redundancy process so that you can move forward confidently.
For experienced support, call 0345 226 8393 to enquire about our fixed-fee Employment Law service or request your free consultation using the button below.