What is the Law When an Employer Relocates Your Place of Employment?

The government has recently announced plans to relocate thousands of civil servants from London to Manchester and Aberdeen (see here). The relocation of an employee’s workplace by an employer can often raise numerous legal questions and concerns. This blog looks at what the law is when an employer relocates your place of employment. We aim to explore the legal framework surrounding such relocations within England and Wales, including relevant employment contracts, statutory obligations and employees’ rights. Understanding these aspects can significantly impact both employers and employees during the process of relocation.

Understanding Contractual Obligations

The first step in comprehending the law surrounding workplace relocation is to examine the employment contract. An employment contract is a legally binding agreement that outlines the terms of employment, including the location of the workplace.

1. Contractual Terms: Employers must ensure that the terms regarding the place of work are clearly stated within the employment contract. It is common for contracts to include specific clauses that allow for flexibility regarding the location. Employees should be aware of such clauses, as they may provide employers with the authority to relocate their workplace without additional consent.

2. Variation of Contract: If a relocation is not expressly stated within the employment contract, an employer may need to seek the employee’s consent to vary those terms. Any relocation that constitutes a significant change to the employee’s contract could be considered a breach of contract if the employee has not agreed to the new terms. Therefore, the employer must consider the potential for a breach before proceeding with the relocation.

Employee Rights During Relocation

Employees have certain rights when it comes to workplace relocations. These rights can vary based on the length of employment, the terms of the employment contract and the circumstances surrounding the relocation.

1. Consultation and Communication:

Employers are encouraged to engage in open communication and consultation with employees before any relocation takes place. This can help to alleviate employee concerns, foster a sense of inclusion and reduce the risk of disputes arising from the move. Failure to adequately consult with employees may lead to claims of unfair dismissal if an employee feels that their contract has been materially changed without their agreement.

2. Right to Refuse Relocation:

If the relocation results in a significant change to the employee’s working conditions, an employee may have the right to refuse to relocate. The refusal must be reasonable, and the employee should ideally seek legal advice before making such a decision.

3. Dismissal and Redundancy:

If an employee is unable or unwilling to move to the new location and the employer insists on the relocation, the employee may face redundancy. Employers must follow proper procedures when dismissing an employee due to relocation, including providing reasonable notice and considering alternative roles that may be available within the organisation.

Statutory Requirements

Aside from contractual terms, certain statutory requirements govern workplace relocations in England and Wales. These must be adhered to by employers to avoid potential legal pitfalls.

1. The Employment Rights Act 1996:

This act outlines the rights of employees in terms of dismissal and redundancy. If an employee is dismissed due to a refusal to relocate and this refusal is deemed a reasonable response to the changes in working conditions, the dismissal may be considered unfair.

2. The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE):

If a relocation occurs due to the transfer of a business or part of a business, the TUPE regulations may apply. Under these regulations, the rights of employees must generally be protected, and they should be informed about the transfer and the implications of the relocation.

3. Health and Safety Considerations:

Employers have a statutory obligation to ensure that workplace relocations are conducted in a manner that does not compromise the health and safety of their employees. This includes assessing risks associated with the new location and making necessary adjustments to ensure a safe working environment.

Conclusion

Relocations of an employee’s workplace within England and Wales are governed by a mixture of contractual obligations and statutory requirements. Both employers and employees must be aware of their rights and responsibilities to ensure a smooth transition. Employers should prioritise communication, engage with employees during the process and consider contractual terms before proceeding with a relocation. Employees, on the other hand, should be proactive in understanding their contract and rights, ensuring that they are adequately prepared for any changes that may arise from a relocation.

Recommendations

For employees facing relocation, it is advisable to seek guidance from us. We can offer tailored advice and ensure that your rights are protected during a potentially challenging transition. For employers, developing clear policies regarding relocation, maintaining open lines of communication and adhering to legal obligations will help to mitigate risks and foster a positive workplace environment.

At Alexander JLO we have decades of experience of dealing with all aspects of employment law and will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button and see what we can do for you?

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on 1st July 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading employment lawyers and is a member of the Employment Lawyers Association. His profile on the independent Review Solicitor website can be found Here