In today’s evolving employment landscape, many employers are reassessing where their employees carry out their duties. From office closures to hybrid working models, changes in work location are becoming more common. However, such changes can raise significant legal questions. Understanding employee rights when faced with a change of work location is essential for protecting your job, your finances, and your wellbeing. At Stephensons, we are here to help you understand your rights and what actions you can take if your employer proposes or implements a change of location.
Understanding contractual terms around work location
Your employment contract is the starting point when assessing your rights. A key part of any employment contract is the location clause, which sets out where the employee is expected to work. This clause can be specific—for example, naming a particular office—or it may be broader, allowing for flexibility across different sites.
Some contracts also contain a mobility clause. A mobility clause is a provision which gives the employer the contractual right to require the employee to change their place of work. How this clause is worded and how it has been applied in practice are both critical in determining whether a proposed change is lawful.
What is a reasonable change in location?
If your contract includes a mobility clause, the employer may have a certain degree of flexibility. However, any change must be reasonable. What counts as “reasonable” will depend on several factors, including:
- The distance to the new location
- Additional commuting time and cost
- Your personal circumstances such as health or caring responsibilities
- Whether notice was given and if alternatives were offered
Even where a mobility clause exists, the employer must exercise the clause in a reasonable and lawful manner. If the request is unreasonable, the employee may be entitled to refuse the relocation without being in breach of contract.
Consultation and notice requirements
Employers are legally required to consult with employees when making significant changes to their terms and conditions, including their place of work. A meaningful consultation should involve explaining the reasons for the move, considering your feedback, and exploring alternatives.
If the employer imposes a change without proper consultation or valid contractual right, employees may have grounds to treat the change as a breach of contract. This could open the door to claims for constructive dismissal if the employee resigns in response to the breach.
Even where a change is permissible under your contract, reasonable notice must be provided. What amounts to reasonable notice will depend on the nature of the change and its impact on you as an individual.
Refusing a change in work location
If your contract does not contain a mobility clause, or if the clause is not exercised reasonably, you may be entitled to refuse the change in location without it amounting to misconduct or resignation. In doing so, you should put your objections in writing and explain your reasons clearly and professionally.
Employers who attempt to enforce a location change without your consent could be acting in breach of contract. If your role is changed against your wishes and you feel forced to resign, you may have a valid claim for constructive unfair dismissal.
In some cases, an employer may seek to dismiss an individual who does not agree to the change and then re-engage them on new terms. This is commonly known as 'fire and rehire'. If this occurs, it is crucial to seek legal advice, as you may have grounds to challenge the dismissal and/or negotiate improved terms.
Redundancy considerations
If your existing place of work is closing and no suitable alternative location is offered, this may amount to a redundancy situation. In such cases, your employer must follow a fair redundancy process. This includes consulting with you, considering alternative employment, and providing redundancy pay if applicable.
If an alternative location is offered, you may lose your right to redundancy pay if you unreasonably refuse the offer. However, the suitability of the new location and the reasonableness of your refusal will be assessed on a case-by-case basis. Factors such as increased travel time, cost, personal responsibilities, and your health may all be relevant.
Discrimination and equality considerations
A forced relocation can sometimes raise concerns relating to discrimination. For example, requiring a disabled employee to work at a new location that is not accessible or is significantly further from home could amount to indirect discrimination or a failure to make reasonable adjustments under the Equality Act 2010.
Similarly, if you have caring responsibilities or religious obligations that are impacted by a longer or differently timed commute, there may be grounds to argue indirect discrimination. Employers should consider these implications and actively engage with the affected employee to seek reasonable solutions.
Remote working and hybrid arrangements
The rise of remote and hybrid working has changed the traditional concept of a fixed work location. Many employees now work from home, either full-time or on a blended basis. However, despite this flexibility, employers still retain the right to determine work arrangements if they are contractually permitted to do so.
If your working from home arrangement is not reflected in your contract or was introduced temporarily (such as during the pandemic), an employer may lawfully require you to return to an office or change your usual place of work. Nonetheless, any such change must still be reasonable, and the employer should provide adequate notice and engage in consultation.
Negotiating a compromise or flexible arrangement
In some cases, disputes over relocation can be resolved through open communication and negotiation. You may wish to propose alternative work arrangements, such as hybrid working, adjusted hours, or financial support for additional travel costs.
A compromise agreement, also known as a settlement agreement, can be used to formalise any mutual decision between you and your employer. This may include terms for compensation, notice periods, and confidentiality. It is essential to obtain independent legal advice before entering into such an agreement to ensure your interests are protected.
Legal remedies and next steps
If you believe your rights have been breached following a change in work location, several legal remedies may be available to you. These include:
- Claiming for constructive unfair dismissal
- Bringing a claim for breach of contract
- Pursuing a claim for unlawful deduction from wages (if costs are unreasonably incurred)
- Making a discrimination claim if protected characteristics are involved
It is important to act quickly, as many employment tribunal claims are subject to strict time limits. In most cases, a claim must be submitted within three months less one day from the date of the act being complained of. Before starting a claim, you must also notify Acas and follow the early conciliation process.
How Stephensons can help
At Stephensons, we have a team of experienced employment law solicitors who specialise in advising individuals on complex workplace changes, including disputes around work location. We can review your employment contract, advise on the legality of proposed changes, and support you in challenging any unlawful decisions.
Whether you are facing redundancy, being asked to relocate, or unclear about your rights, our legal experts can help you navigate your options. We provide pragmatic advice focused on protecting your job, finances, and professional reputation.
Our solicitors understand the sensitivities of employment matters and will handle your case with the highest degree of professionalism and confidentiality. From initial consultation through to tribunal representation, we are with you every step of the way.
Contact our employment law specialists
If your employer has proposed a change to your work location and you are unsure of your rights, contact our expert employment law team. Call us now on 0161 696 6170 or fill in our enquiry form to speak with one of our team.
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