How to handle relocation of business premises
Author: Claire Birkinshaw
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- 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.