TUPE

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Abellio London Ltd v Musse EAT

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Following Tapere this is another useful case on “substantial change in working conditions to the material detriment of the [employee]” within Reg 4(9).

The facts

5 bus drivers resigned following a transfer when their place of work moved from Westbourne Park in northwest London to Battersea in south west London.  This involved a significantly longer commute to work which extended the working day by 2 hours.  The ET held the employees were entitled to resign as the change to their place of work was a substantial change to their material detriment.

The EAT

The Eat considered what was meant by ‘working conditions’ and observed that “this is a phrase that is wider than “contractual conditions”. It is capable of relating to contractual conditions; it is capable of relating to physical conditions. It is certainly capable of relating to matters such as the place of work”.

The EAT also agreed with the approach in Tapere that the question of detriment has to be looked at from the perspective  of the employee.

Link to judgment

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