TUPE transfers: material detriment test

The EAT has upheld an employment tribunal’s decision that a relocation of three and a half miles following a TUPE transfer was not a substantial change to bus drivers’ working conditions to their material detriment. The employees were therefore not entitled to claim that they had been constructively dismissed or dismissed for the purposes of regulation 4(9) of TUPE 2006.

This decision may be seen as beneficial to employers since it suggests that the material detriment test for employees to overcome to satisfy a regulation 4(9) claim may be higher than previously thought.