TUPE Update - Reasons for Objecting to Transfer

In an unreported case the High Court has opened up an interesting point on the TUPE Regulations. Regulation 5(4A) of TUPE allows an employee to object to transferring, but that employee will lose his or her right to claim for a dismissal right which would otherwise arise under TUPE. However, Regulation 5(5) allows an employee to claim constructive dismissal where detrimental changes are made or proposed to his or her working conditions. A High Court Judge has held that on one reading of the T... (76 more words)

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