A transfer to a new employer can preserve the employment contract while changing the place where the work is done. If the new site would turn a weekly commute into a much longer or more expensive journey, do not reduce the question to “Can I refuse?” or “Is this automatically redundancy?” Check the transfer, contract wording, consultation steps, travel pattern and available alternatives before you make a decision.
Under regulation 4(9) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, where a relevant transfer involves or would involve a substantial change in working conditions to the employee's material detriment, the employee may treat the contract as terminated and is treated as dismissed. Whether a move meets that test is fact-sensitive. Separately objecting to becoming employed by the transferee can end the contract without a dismissal. Those routes have different consequences.
This guide is about a workplace relocation connected with an England TUPE transfer. It does not decide whether the transfer is covered or whether a particular commute is materially detrimental. For a broader document-review process, see the contract redlining workflow. To organize the transfer timeline and supporting records, use the legal case-intake workflow.
Separate the transfer, the proposed location and the employment decision
Start by writing down the transfer date, current employer, proposed transferee, current contractual workplace and proposed workplace. Identify whether the transfer has already taken place or is still planned. Ask which employees or organized grouping are said to transfer and what business activity is moving. TUPE has statutory tests for relevant transfers; a change of share ownership, asset sale or service-provider change may raise different questions. The GOV.UK TUPE overview explains the general categories, but a particular transaction may need legal analysis.
If TUPE applies, employment contracts generally transfer to the new employer with continuity of service and existing terms. The GOV.UK explanation of transferred contracts says the transferee takes over contract terms and continuity. It also cautions that an employee who simply refuses to work for the new employer is normally treated as resigning, without the usual unfair-dismissal or redundancy-pay claim. The regulation 4(9) route is different and requires its own conditions.
Do not let a manager's phrase like “you are moving with the business” answer every issue. Ask for the proposed location, attendance frequency, start date, working hours, travel expectations and any change to duties in writing. If the site is not yet final, ask what alternatives were considered and whether remote, hybrid or closer-site work is available. A negotiation request does not itself waive statutory rights, but a formal objection or resignation can affect the employment relationship. Use careful, factual wording and get advice before sending a message intended to end employment.
Read the contract and the mobility clause in full
Compare the exact location term with any flexibility clause, expenses clause and consultation promise. A contract may name a primary workplace but also permit temporary or permanent movement to another base. The clause's actual limits matter. A line allowing a different base “from time to time” may need to be read alongside language about permanent changes, advance consultation, travel and reimbursable expenses.
GOV.UK's relocation guidance says workers should check for a mobility clause and that such a clause generally operates within its limits; a request can be unreasonable. It also says employees may have a redundancy right if they refuse to move, subject to eligibility and whether a suitable alternative job was unreasonably refused. That is not a guarantee that an employee with a mobility clause can decline any relocation, or that a long commute automatically makes a request unreasonable.
Review the employer's proposed expenses treatment separately. “Travel required to perform work” and a daily commute to the regular workplace may not be the same thing. The employment contract and policy may say whether costs are reimbursed, but a general business-travel allowance does not necessarily cover an ordinary journey to the new base. Ask payroll to explain the tax treatment if a payment is offered. Do not rely on an online comment stating that reimbursement is or is not tax-free; tax rules depend on the actual travel arrangement.
| Document wording | Questions to ask | Evidence to preserve |
|---|---|---|
| Schedule names current base | Is that a fixed contractual location or subject to another clause? | Signed contract and schedule version |
| Mobility clause | Which locations, notice and limits does it identify? Does it distinguish temporary from permanent moves? | Entire clause and handbook cross-reference |
| Permanent-change consultation | Who must consult, when, and what process is promised? | Email, meeting invite and consultation notes |
| Expenses clause | Which costs count as business expenses, and what approval is required? | Policy, claim forms and payroll explanation |
| Working pattern | How many office days and what hours are proposed? | Written proposal and current rota |
Use a neutral document comparison. Note the exact old wording, exact proposed wording, change date and practical impact. Do not paraphrase a clause before preserving its original text. A contract review workflow can help teams compare versions and keep a change record; it does not determine how a tribunal will interpret a mobility clause.
Understand regulation 4(9) without turning it into a commute calculator
Regulation 4(9) applies where a relevant transfer involves or would involve a substantial change in working conditions to the employee's material detriment. The provision says the employee may treat the contract as terminated and is treated as dismissed. It does not set a fixed cost, journey-time or distance threshold, and the statute does not say that every relocation qualifies.
A decision-maker may need to examine the overall change: how often the employee must attend, the time and cost of travel, the difference from the old pattern, the contract's location terms, available transport, effect on caring or disability-related needs, and whether alternatives were considered. The employee's circumstances matter. An increase from one office day to four, together with a change from a local base to a distant site, is different from a small shift in location with the same attendance pattern. Neither example produces an automatic legal result.
The process under regulation 4(7) is different. An employee who informs the transferor or transferee that they object to becoming employed by the transferee is not transferred; the relevant transfer generally ends the contract without treating the employee as dismissed. Regulation 4(9) instead addresses substantial change and material detriment. There may also be ordinary contract or constructive-dismissal arguments, but those have their own legal tests. Do not send an unqualified “I refuse the transfer” message if what you intend is to preserve a regulation 4(9) argument.
The law also limits one damages claim: regulation 4(10) says no damages are payable, as a result of a dismissal under paragraph 9, for an employer's failure to pay wages for a notice period the employee did not work. This does not state a general rule that wages are never owed. It is unsafe to assume that a 12-week contractual notice period will automatically be paid out if someone relies on regulation 4(9). Check the contract, the actual route taken, any agreement and the full facts with an adviser.
Redundancy and alternative work are separate questions
A transfer, relocation and redundancy are not interchangeable. A job does not become redundant merely because the transferee has a different office. Ask whether the employer still needs employees to carry out work of that kind, whether the old site is closing, whether the role continues, and whether any alternative role has been offered. GOV.UK's redundancy overview says redundancy can involve a business changing location or closing, but the employer must demonstrate that the employee's job will no longer exist.
If a new location is offered as suitable alternative employment, the terms, work, status, pay and commute can all matter. A trial period may be available in certain redundancy situations where the alternative job differs; check the current official rules rather than assuming it applies to every TUPE proposal. Redundancy pay also depends on statutory eligibility, length of service, age, reason for termination and whether suitable work was unreasonably refused. A nine-year service history may be relevant, but it does not by itself prove entitlement or calculate the amount.
Ask for any alternative-role offer in writing. Compare the job description, pay, hours, location, travel days, benefits, start date and any trial period. If an employer says no redundancy payment is due, ask which legal ground and eligibility rule it relies on. Keep any offer, rejection reason and correspondence together.
Consultation: ask what happens next, not only how long it takes
Before a transfer, employers must inform and consult the relevant trade union or employee representatives about the transfer and measures affecting workers. The GOV.UK TUPE consultation guidance describes the information and consultation duties. For transfers completing on or after July 1, 2024, direct consultation may be permitted where the employer has fewer than 50 employees or fewer than 10 employees are transferring, if the statutory conditions are met. The number of employees eligible to transfer is not necessarily the same as the employer's total headcount.
There is no simple “one month is enough” answer. The important questions are whether information was provided in good time, the process allows representatives or workers to consider the measures, and the employer hears and responds to representations before the transfer. A short interval may be workable for a narrow change or not adequate for a complex relocation; the specific facts and process matter. If no conversation has begun, ask who the representative is, when the written measures will be shared, and how workers can submit questions.
A transfer is not a reason to delay documenting concerns. Write a dated list of the proposed changes and the impact on your work and travel. Ask whether the location is final, what contractual clause the employer relies on, whether expenses or adjusted attendance are available, and when a decision must be made. If you have a disability or caring responsibility that changes how the journey affects you, consider seeking advice about the relevant additional legal protections and the information the employer needs.
Fictional example: a named base and a new four-day commute
A fictional employee, Alex, has nine years of service. The contract schedule names Milton Keynes as the primary base. Another clause allows the employer to require work at a different base and says it will consult before a permanent change. Before the transfer, Alex travels to London once each week and receives parking reimbursement. The transferee proposes attendance in London four days a week and says ordinary commuting will not be reimbursed.
Alex should first ask for a written proposal and the transfer timetable. Next, compare the workplace schedule, mobility clause, consultation wording and expense policy. Then calculate the practical change using realistic weekly travel time and cost, while preserving source documents rather than relying only on a spreadsheet. Alex should ask about a lower attendance frequency, nearer site, hybrid arrangement or other role, and record the response.
If Alex is considering a TUPE objection, a regulation 4(9) position, a redundancy request or resignation, those should not be blended into one letter. The consequences differ, including the effect of a notice period not worked. Alex should take the contract, transfer information, travel estimates and proposed decision to a union or qualified employment solicitor before acting. This example shows a document-review sequence, not a conclusion about any real worker.
A practical record set
Keep one dated folder with the current contract and schedule, mobility clause, expenses policy, old and new workplace details, transfer information, consultation communications, attendance pattern, travel estimates, alternative-work offers, and any written objection or resignation. Add a brief chronology with who said what and when. If discussions occur verbally, send a neutral follow-up that confirms your understanding and invites correction.
| Record | What it helps establish |
|---|---|
| Contract and handbook | Workplace, mobility, notice and expenses terms |
| Transfer announcement | Proposed date, reason and organizations involved |
| Consultation documents | Measures, alternatives and worker representations |
| Old and proposed rota | Attendance frequency and work pattern change |
| Travel comparison | Time, cost and practical burden on the worker |
| Alternative-role offer | Terms, location, response and any trial period |
| Advice or union correspondence | Questions raised and guidance received |
For a separate procedural guide, see our company-dissolved employment tribunal article. If you need to organize contract versions and correspondence, Gotham's document workflows can support that document process. It does not decide TUPE status or submit a tribunal claim. For workflow questions, contact Gotham.
Questions about relocation during an England TUPE transfer
Does a more expensive commute automatically count as material detriment under TUPE?
No automatic threshold decides the issue. Regulation 4(9) asks whether a relevant transfer involves or would involve a substantial change in working conditions to the employee's material detriment. Cost, frequency, time and personal impact may be relevant, but the result is fact-specific.
Can I simply refuse to move to the transferee's workplace?
Do not treat refusal, objection to becoming employed by the transferee, and relying on regulation 4(9) as the same route. An objection under regulation 4(7) normally ends the contract without treating the employee as dismissed; regulation 4(9) has a separate material-detriment test. Get advice before communicating a decision.
Does a workplace move mean I am automatically redundant?
No. The work location, contractual terms, whether the role still exists, any suitable alternative work and the employer's process all matter. A relocation may be part of a redundancy situation, but the fact of transfer or higher commute cost alone does not establish statutory redundancy pay.
Does a mobility clause let a new employer move me anywhere?
A contract may permit some workplace changes, but the clause's wording, limits, consultation promise and reasonableness matter. GOV.UK says mobility clauses operate within their limits and unreasonable requests may be challenged; a transfer does not erase the transferred contract.
Must the new employer reimburse extra commuting costs?
Not automatically. Check the written contract and expenses policy. GOV.UK says an employer need not compensate for relocation unless the contract specifies it. Distinguish regular commuting from business travel and get tax advice before treating travel as a reimbursable expense.
Is one month enough time for TUPE consultation?
There is no universal one-month test in the sources cited here. The employers must inform and consult before transfer; for transfers on or after July 1, 2024, direct consultation may be allowed if fewer than 50 employees are employed or fewer than 10 employees are transferring, subject to the statutory conditions. The required process depends on the facts.
General information about employment transfers and relocation in England, not legal advice. Whether TUPE applies, whether a change is materially detrimental, and any redundancy or unfair-dismissal outcome depend on the facts, contract, procedure and applicable law. Get advice from Acas, a union or a qualified employment solicitor before resigning, objecting to a transfer or missing a deadline.
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