Labour Research October 2018

Law Queries


Q. My employment is to be transferred to another employer under TUPE and I have been asked to relocate. The new workplace is 10 miles away, which will make it difficult for me to take my children to school and pick them up on time. I have been doing this job for five years and don’t want to move. What will happen if I refuse?

A. If you simply refuse to go, this will be treated as an objection to transfer under regulations 4(7) and 4(8) of the Transfer of Undertakings (Protection of Employees) Regulations 2006 (TUPE) and your employment contract will terminate automatically. You will have no right to claim unfair dismissal or redundancy.

You can, however, argue under regulation 4(9) of TUPE that the transfer would involve a substantial change in working conditions to your “material detriment”. This would entitle you to claim unfair dismissal or a redundancy payment. 

It would be wise to discuss this with your union rep before you make any decision, since you could not guarantee a successful outcome to your claim. With your union’s assistance, you may be able to negotiate a change to your hours, or an element of home working if your circumstances allow it.