Human Capital (Employment) - Review

    September 2009

    Employees have a right under the TUPE Regulations 2006 to resign (but treat themselves as having been dismissed) if a transfer involves or would involve a substantial and detrimental change in their "working conditions". This is in addition to their rights to object to the transfer regardless of any adverse impact and to resign and claim constructive dismissal in response to a fundamental breach of their contract. It has however always been unclear what sort of changes are covered and what an employee has to show in order to bring such a claim. A recent EAT decision throws some light on this issue and highlights the risks involved in changing working conditions in the context of a TUPE transfer.