Three and a half mile relocation was not a substantial change under TUPE

In the context of a relevant transfer under TUPE 2006 the question whether any change in terms and conditions can be said to be ‘substantial’ is a difficult one. In Cetinsoy and others v London United Busways Ltd UKEAT/0042/14 the EAT held that a three and a half mile relocation of the depot from which the bus drivers worked did not amount to a substantial change in their working conditions. Reg. 4(9) TUPE provides that an employee can treat himself as dismissed by the employer where a relevant transfer involves a substantial change in working conditions to his material detriment.