This is a preview. To continue reading please log in or Register to read this article

Transfer of undertakings: Usual constructive dismissal test applies in transfers cases

This report relates to 1 case(s)

In Rossiter v Pendragon plc 10.5.02 Court of Appeal, the Court of Appeal holds that, in the context of a transfer of an undertaking, an employee cannot claim constructive dismissal under s.95(1)(c) of the Employment Rights Act 1996 on the basis that a substantial and detrimental change has been made to his or her working conditions, without showing that the employer has acted in repudiatory breach of contract.