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.
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