In Abellio London Ltd (formerly Travel London Ltd) v Musse and others; CentreWest London Buses Ltd v Musse and others  IRLR 360 EAT, the EAT held that the employment tribunal had been entitled to uphold claims that employees who resigned because of a TUPE transfer that involved a significant change in their place of work had been subjected to a substantial change in working conditions giving rise to a material detriment. They had therefore been unfairly dismissed pursuant to reg.4(9) of the TUPE Regulations 2006.
The Employment Appeal Tribunal has held that employees who resigned after being faced with a change of place of work to a different part of London because of a TUPE transfer were constructively dismissed.
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