What are your employee rights when you are asked to relocate?

Q: My employer has told me that I need to relocate to a different workplace. What are my rights and am I able to insist on a salary increase to compensate?

The starting point here will be your contract of employment. Your contract will say either:

• that you are contracted to work in your current location; or
• that you are contracted to work in a location as directed by your employer.

This is called a ‘mobility’ clause and, if your employer is able to direct you to work in a different location to that you work at currently, you may not be entitled to any increase in salary to compensate for additional travel expenses or inconvenience.

Whether you are able to argue for an increase will depend on how reasonable the change in workplace is; if the new journey will be long or complex, or prove significantly more expensive, you may argue that it is an unreasonable request. This may allow you to claim more successfully for additional financial support.

If you are contracted only to work in your current location with no ability for your employer to move you at their discretion, your employer is not able to force you to do so and it is up to you whether or not you choose to move. You may be able to claim for a redundancy payment if your workplace is to close altogether, in addition to any payment you are entitled to under your contract for your employer terminating your employment.

You are only entitled to compensation if it is provided for under your contract.

Redundancy
If you are not subject to a contractual mobility clause and choose not to move, you may be entitled to a redundancy payment if you match the necessary criteria; specifically, if you have worked for your employer for over two years and if you will not receive any other financial compensation because of your decision not to move.

Your employer may offer you an alternative job as part of the process and you must not unreasonably refuse this in order to qualify for a redundancy payment. For example, if you are offered suitable employment at another location nearby to which you could travel, it may be unreasonable to refuse.

It may be reasonable for you to refuse an offer of alternative employment if the change would result in a much longer or more complex journey, relocation or affect your family in some way, such as requiring children to change schools.

Resolving a dispute
You may find that you need to raise a dispute with your employer in order to find the best course of action. If you are unable to reach agreement through an informal conversation, you should instigate a grievance procedure, allowing you to formally discuss your concerns or complaints with your employer.

You are entitled to be accompanied to any meetings by either a colleague or trade union representative; the grievance procedure should be set out in writing by your employer, for example in a company handbook, HR manual, employment contract or other internal communications such as an employee intranet. You can expect to need to set out your grievance in writing which will be followed by a meeting (or a series of meetings). Your employer should offer the opportunity to appeal any decision.

A new employer
The same rules apply even if your workplace is closing following a company acquisition by another business. The purchasing company will take over the operations of your employer subject to your employment under the ‘Transfer of Undertakings (Protection of Employment) Regulations 2006’. Your employment cannot be terminated as a direct result of a company sale.