Constructive dismissal

Employees who are negatively impacted by a TUPE transfer can claim constructive dismissal in response to a fundamental breach of the employment contract. As always, any decision to resign should be a last resort, after taking advice and considering all other available options. The breach of contract must be very serious. Care needs to be taken to bring the claim against the right employer, as liability for this kind of claim will not necessarily transfer to the new employer. There is more general information about constructive dismissal in LRD’s annual employment law guide, Law at Work (www.lrdpublications.org.uk/lawatwork).