Redundancy following a TUPE Transfer

Hi

If an employee has transferred under TUPE but the new employer works in a different location (80 miles away) is the employee obliged to relocate?

There is a mobility clause present in the contract and a relocation package is available.

If they refuse to relocate and we make them redundant do they have a possible unfair dismissal claim?

Please help!

You need to establish whether the mobility clause is reasonable (ie if it says you could insist they work anywhere in the world and it is an admin job, that is clearly unreasonable). If it is, then you need to ensure it is applied reasonably - that means by following a reasonable procedure: consulting with the employee over the planned move, giving enough notice of the move, supporting them through the move (time off, relocation package, etc)

If you are the old employer, you have to collectively consult with the employees anyway over the TUPE and will need to ensure you notify them of any measures the new employer envisages taking (such as relocating them). If you are the new employer you also have a duty to consult under TUPE with the incoming employees, and it will be down to you to follow the reasonable procedure outlined above.

This is likely to get complex, so I would advise you to invest in a bit of expert, hands on advice with this process. If you are based in or around the East Midlands I would be happy to help

Regards

Pete