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Home > News > Relocation, Relocation, Relocation – Taking Your Employees with You

Relocation, Relocation, Relocation – Taking Your Employees with You

23 April 2019 | Nick Jones

Now you have found the perfect property for your business and you are underway in the process of relocation, it is time to consider how you can move your employees too.

This is an important element of relocating any business as it is imperative that your workforce moves too to ensure smooth running.  

Your first thought when it comes to your employees should be whether they would want to move and the mechanisms in which you can move them. You should consider the following:

Mobility Clauses

Is there a mobility clause in the employment contract?

If there is then as long as this is exercised reasonably then your employees will be able to be moved to the new premises.

If there is no mobility clause then you will have to consider other options.                    

Employee Redundancy

This is an option should the employment contract not contain a mobility clause.            

If you have twenty or more employees within your business then you will be required to hold collective consultations by law. This has a stricter timeframe and process to follow.

If you have fewer than twenty employees within your business then you can hold individual consultation meetings.

You would be closing the office premises and that would be the ground you would rely upon for making the redundancies. Whilst considering alternatives, you would be able to put forward an employment contract with the place of work at your new premises.

Relocation Agreement

There is a possibility that your employees (or at least some of them) will agree to move to the new premises regardless of whether there is a mobility clause in their contract or the redundancy process is being considered.

If this is the case then you should document the agreement by way of a side letter that details the new place of work and include the start date.

As well as the main legal points above, there are other elements that you should take into consideration as an employer, these include but are not limited to:

  • Relocation allowances;
  • Travel allowances;
  • Hours of work; and
  • Increasing pay.
  • Oh and lastly don’t forget the property requirements

It is important that you have advice on all elements of the transaction and our Employment Team at Gregg Latchams are on hand to help with the smooth transition of your workforce when relocating your premises.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

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