Tapere v South London and Maudsley NHS Trust [2009] IRLR 972 EAT

Reports relating to this case:

  • TUPE: Requirement to move to location outside scope of mobility clause in original contract was fundamental breach of contract

    11 November 2009

    In Tapere v South London and Maudsley NHS Trust EAT/0410/08, the EAT held that, in requiring a transferred employee to move to a location outside the scope of the mobility clause in her original contract of employment with the transferor, the transferee had acted in fundamental breach of contract. The employee's subsequent resignation therefore amounted to a constructive dismissal. Further, the transferee's attempt to move her place of work amounted to a substantial change in her working conditions to her material detriment. She was, therefore, also entitled to be treated as having been dismissed under reg.4(9) of the TUPE Regulations.

  • Case of the week: TUPE

    25 September 2009

    This week's case of the week, provided by Thomas Eggar, covers TUPE.