Constructive dismissal

In an important decision concerning TUPE transfers, the Employment Appeal Tribunal (EAT) has given guidance in the case of Tapere v South London & Maudsley NHS Trust on, first, the interpretation of mobility clauses in the context of a TUPE transfer and, secondly, on Reg 4(9) TUPE, which allows a transferred employee to treat themselves as dismissed if a relevant transfer involves a substantial change in working conditions which is to the employee’s material detriment. The EAT held that "detriment" should be considered using the subjective approach which applies in discrimination law. The case will be particularly important to purchasers of businesses and transferees in outsourcing situations where transferred employees are required to move location after the transfer takes place.

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