LRD guides and handbook February 2014

TUPE - a guide to using the law for union reps

Chapter 6

Resigning due to a substantial change in working conditions

[ch 6: page 73]

Under Regulation 4(9) of TUPE, transferring employees who find that there has been or will be a “substantial” detrimental change to their working conditions as a result of a transfer are entitled to end the contract and claim unfair dismissal. An employee who resigns in reliance on this right without working their notice cannot make a claim for pay in lieu of any contractual notice period (Regulation 4(10)). See page 32 for more information on Regulation 4(9).