Resigning due to a substantial change in working conditions

Under Regulation 4(9), TUPE, transferring employees who experience, or will experience, a “substantial” detrimental change to their working conditions wholly or mainly because of the transfer are entitled to end the employment (a “deemed dismissal”) and claim unfair dismissal. An employee who resigns in reliance on this right without working their notice cannot claim for pay in lieu of any contractual notice period (Regulation 4(10), TUPE). Liability for this kind of claim transfers automatically to the transferee on the transfer date. See page 37 for more information on Regulation 4(9), TUPE.