How to handle relocation of business premises

Author: Claire Birkinshaw

Summary

Click on any of the hyperlinks to go to more detailed guidance below.

• Be aware that the dismissal of employees because they do not wish to move to new business premises will normally constitute a redundancy dismissal.
• However, consider whether there is a valid and applicable mobility clause that can be invoked at the outset to implement a business relocation rather than following a redundancy programme.
• Be aware that any subsequent dismissal for refusal to relocate, where a mobility clause has been activated, would usually be for misconduct.
• If invoking a mobility clause, consult employees about the relocation.
• If no mobility clause is activated, if an employee refuses to move to the new business premises, consider whether or not they have unreasonably refused an offer of suitable alternative employment.
• Commence redundancy consultation with the affected employees as soon as possible and bear in mind that collective as well as individual consultation may be required.
• Be aware of the possibility of an indirect sex discrimination claim from women who refuse to move to the new premises.