Constructive dismissal

Employees who are negatively impacted by a TUPE transfer can claim constructive dismissal if the result is a fundamental breach of their employment contract and they resign as a result. A 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.