March 9, 2021
by Jeffrey
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This case illustrates the difference between what amounts to a fundamental breach of contract for the purposes of unfair constructive dismissal and what amounts to a “substantial change to working conditions to working conditions to the material detriment of [the … Continue reading
September 6, 2017
by Jeffrey
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This is a rare case of an offshore transfer. At issue was whether the employee was entitled to transfer to Manila in the Philippines on his existing UK terms and conditions (‘Ts and Cs’). The Facts C was employed by the … Continue reading
May 28, 2013
by Jeffrey
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This case restates the correct approach to determining whether the sole or principal reason for a variation of terms and conditions is the transfer or a reason connected to the transfer (Reg 4(5)). It was held by the EAT that … Continue reading
May 28, 2013
by Jeffrey
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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 … Continue reading
May 28, 2013
by Jeffrey
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Reg 4(9) provides: (9) Subject to regulation 9, where a relevant transfer involves or would involve a substantial change in working conditions to the material detriment of a person whose contract of employment is or would be transferred under paragraph … Continue reading
May 28, 2013
by Jeffrey
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What is the extent of the obligaiton of a transferee to honour an employee benefit provided by a transferor when it does not itself offer that benefit? The answer is that it has to provide a benefit which substantially equivalent to that provided by the transferor. Facts This … Continue reading