Step 4: What about employees who are reluctant to relocate?
If an employee is reluctant to move voluntarily, the employer will have two main options: either to make the employee redundant and make a redundancy payment; or to rely on a contractual mobility clause to instruct the employee to move to the new workplace, and if they still refuse, dismiss the employee for refusal to obey a lawful order (which is an act of misconduct).
However, whichever option is chosen, the employer must follow a fair process and will be exposed to the risk of claims (including unfair dismissal).
If the employee has been dismissed for failing to comply with the instruction to move to a new workplace, the tribunal will consider whether the employee was acting reasonably in refusing to relocate.
Radstones Human Resources department is fully conversant with all aspects of staff relocation and would be delighted to give an initial consultation over the phone on any of the numbers below or by email on email@example.com
LA: 001 (213) 218-6677
NY: 001 (646) 751-8766
EMEA: +44 (0) 1865 238 138