Tapere v South London & Maudsley NHS Trust - Assessing "substantial change in working conditions" under TUPE is not objective test [2009] EAT

If on a transfer of a business there is a change in working conditions to the material detriment of employees, the law provides that the employees can treat themselves as having been dismissed (TUPE 2006 Reg 4(9)) .  The correct test for deciding whether there has been a "material detriment" is to look at the impact of the change (or proposed change) from the employee’s (reasonable) point of view

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