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Do you have to move if your employer moves?

If your employer moves the location of their business, your situation depends firstly on the terms of your contract of employment.

Some contracts include a 'mobility clause' which says you have to move within certain limits. If you have a mobility clause in your contract your employer can normally force you to move to places allowed by the clause unless this is completely unreasonable (such as asking you to move to another country with only one day's notice).

Reasons you might not want to go to the new location could include:

If you don't have a mobility clause in your contract, and the relocation is more than a short distance, you can decide not to move. In this case, your employer may make you redundant.

• Employment contracts

• Your rights if made redundant

When refusing to move becomes redundancy

If you don't want to move with your employer, you may become redundant because:

Whether you get a redundancy payment depends on a number of factors, including how long you have been working for your employer. However, the most important question is whether you have 'unreasonably' refused an offer of suitable alternative work.

There is no fixed distance which is 'reasonable' - it depends on your particular circumstances. If the new location is just a few miles away and you can drive or easily take public transport, it will probably be unreasonable to turn down the offer. If, however, it involves a difficult journey, even if it's only a few miles away, or affects personal matters like your family situation or children's education, it may be reasonable to say no.

When you are facing redundancy there is a right to a trial period in any alternative job you are offered. Redundancy is a dismissal so if you feel badly treated you may be able to claim for unfair dismissal.

• Your rights if made redundant

• Unfair dismissal

Reasons for deciding to relocate with your employer

A good relocation package

Your employer doesn't have to offer you any compensation for relocating, unless it's included in your contract of employment. They may offer you financial help, including:

• help with legal fees
• excess fares
• moving expenses
• temporary accommodation

If you turn down the offer of relocation and you have been offered compensation, you may not get a redundancy payment.

Good future job prospects

Your new job may be different from your old job, but better paid and with the chance for personal development. It may be worthwhile agreeing a trial period, perhaps while you commute or move to temporary accommodation in the new area, to see if you like the new job. If you agree a trial period, it's a good idea to do so in advance, and in writing.

If you are in a redundancy situation, you have a statutory right to a four week trial period. If you do decide to move, even to a new position, your employment is continuous, and your statutory rights are unchanged.

What happens if your employer has been taken over and the new owners want to relocate?

Your rights are protected under regulations known as TUPE - Transfer of Undertakings (Protection of Employment) - under which all of your existing rights, including contractual rights and redundancy protection, are unchanged. It makes no difference that it's a new owner that introduces the relocation.

• Read more about TUPE

What to do next

If your employer decides to relocate:

• Find out how to sort out a problem at work

Where to get help

For more information on where to get help with employment issues visit the employment contacts page or find out more about trade unions.

• Employment contacts

• Joining a trade union

Useful contacts

• Acas (Advisory, Conciliation and Arbitration Service)

• Citizens Advice Bureau

• Jobcentre Plus

• businesslink.gov.uk Opens new window

• More useful contacts