30-year employee forced to move without consultation: constructive dismissal
A community support worker with 30 years' service was constructively unfairly dismissed after her employer moved her to a location inaccessible by public transport without any consultation. The tribunal awarded £39,609.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant worked for the respondent for over 30 years as a Community Support Worker.
- The claimant did not drive and relied on public transport to commute.
- The respondent required the claimant to move to a new work location without prior consultation.
- The new location was not reasonably accessible by public transport, requiring two buses and an infrequent service.
- The claimant resigned on 6 May 2022 after the move was confirmed as non-negotiable.
- The tribunal found the respondent breached the implied term of trust and confidence by failing to consult.
Timeline
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Employment started
Claimant started working for Bolton Metropolitan Borough Council as a Residential Social Worker.
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Transferred to respondent
Claimant transferred to Bolton Cares (A) Ltd as a Community Support Worker.
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Volunteered to move to School Hill
Claimant volunteered to move to School Hill home to help a colleague.
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Heard rumours of move
Claimant heard rumours that another staff member would join School Hill.
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Informed of move to Limefield Road
Mrs Ritchie told claimant she would be moved to Limefield Road; claimant raised travel concerns but was told move was non-negotiable.
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Move confirmed and claimant resigned
Mrs Ritchie confirmed move effective 16 May; claimant resigned by letter citing stress from the move.
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Signed off sick with stress
Claimant was signed off work by her GP due to stress and did not return.
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Liability hearing
Employment Tribunal heard the case and found constructive unfair dismissal and wrongful dismissal.
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Remedy hearing
Tribunal awarded basic award, compensatory award with 10% Polkey reduction, and notice pay.
The legal issue
Whether the employer's unilateral decision to move a long-serving employee to a new location, without consultation and despite her reliance on public transport, amounted to a fundamental breach of contract that entitled her to resign and claim constructive unfair dismissal.
The outcome
The tribunal upheld the claimant's claim for constructive unfair dismissal and wrongful dismissal.
Key reasons:
- The respondent failed to consult the claimant before deciding to move her to a new work location.
- The new location was not reasonably accessible by public transport, requiring two buses and an infrequent service.
- The respondent treated the move as non-negotiable, leaving the claimant with no choice but to resign.
Compensation breakdown:
- Basic award: £12,691.20
- Compensatory award: £23,317.96 (after 10% Polkey reduction for possibility of dismissal even with consultation)
- Notice pay: £3,600.00
- Total: £39,609.16
Lessons & takeaways
- Employers should always consult with employees before imposing a significant change to their work location, especially when the employee has long service and known travel constraints.
- A mobility clause in a contract does not give an employer an unfettered right to move an employee without regard to their personal circumstances.
- Long-serving employees are entitled to expect a reasonable process before any change that could affect their ability to continue working.
- Resigning in response to a fundamental breach of contract can succeed as constructive dismissal, but you must not delay too long or you may be seen as affirming the contract.
This case shows what can happen when an employer relies on a contractual mobility clause without considering the human impact. The claimant had worked for the respondent and its predecessor for over 30 years, always commuting by public transport. When the respondent decided to move her to a different home, the new location was not reasonably accessible by bus – requiring two buses and an infrequent service. Despite the claimant raising her concerns, the respondent told her the move was non-negotiable.
What the employer could have done differently
The respondent had a mobility clause in the claimant's contract, but the tribunal made clear that this did not give them a free hand. A fair process would have involved consulting the claimant before any decision, exploring alternatives, and considering whether the move was reasonable given her reliance on public transport. Instead, the respondent presented the move as a done deal, leaving the claimant with no option but to resign.
Why this matters
This case is a reminder that even where a contract allows flexibility, employers must act in a way that maintains trust and confidence. Long-serving employees in particular are entitled to expect a proper process before a change that could affect their ability to work. The tribunal's decision to award over £39,000 – including a basic award reflecting the claimant's 30 years of service – underlines the potential cost of getting this wrong.
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