TUPE: Changing terms and conditions is not automatically constructive dismissal

According to a case summary issued by the Independent Council of Law Reporting, the Court of Appeal decided the appeal in Rossiter -v- Pendragon (and the associated case, Clarke -v- Air Foyle Ltd) last week. The transcript is not yet available.

The Court of Appeal has overturned the EAT decisions in both cases, and held that a change to employees' terms and conditions following a TUPE transfer does not automatically amount to a constructive dismissal - the employee still needs to establish a fundamental breach of his pre-transfer rights. Thus a transferee can vary terms in the same way the original employer might have been able to do, if such a variation would not have been a fundamental breach by the original employer.
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