In Abellio London Ltd (formerly Travel London Ltd) v Musse and others the EAT ruled that a proposed work relocation of six miles connected to a TUPE transfer was a substantial change in 5 bus drivers’ working conditions which was to their material detriment because it increased their working day by up to two hours. For this reason they had been entitled to resign and claim that they had been dismissed for the purposes of Reg 4(9) of TUPE i.e. where a transfer involves a substantial change in working conditions to a person’s material detriment, such an employee may treat the contract of employment as having been terminated, and the employee shall be treated as having been dismissed.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
