Cetinsoy and others v London United Busways Ltd UKEAT/0042/14
The Employment Appeal Tribunal (EAT) upheld the original decision of the Employment Tribunal, rejecting the bus drivers' claim of unfair dismissal due to a change of work location post a TUPE transfer.
Key Principles:
The concept of what constitutes a "substantial change" in employment conditions, particularly following a TUPE transfer, is fundamentally based on factual assessment.
A mere change in work location, especially within the broader geographical area originally agreed upon, may not always equate to an unfair dismissal.
The assessment of whether a breach is 'repudiatory' or fundamental is objective, taking into account the original intentions and understandings of the contract by both parties.
Case Details: Several bus drivers, formerly operating from the Westbourne Park depot under CentreWest, were asked to shift their base to the Stamford Brook depot due to a TUPE transfer to London United Busways. This change led several drivers to resign and subsequently claim it amounted to an unfair dismissal.
Application of the Law to the Facts: Although the change of depot was identified as a clear breach of the original contractual terms, the EAT disagreed with the notion that this breach was of a 'repudiatory' or fundamental nature. Delving into the specifics of the contractual arrangements and the typical circumstances of bus drivers in London, the EAT discerned that this change was not substantial enough to warrant claims of unfair dismissal.
In reaching its conclusion, the EAT underscored the idea that determining "substantial change" is, at its core, a matter of factual evaluation, contingent upon the particularities of each case. This case serves as an essential reference for individuals considering an appeal from the Employment Tribunal to the Employment Appeal Tribunal over similar issues.
If you're exploring options to appeal to the Employment Appeal Tribunal (EAT) following a decision by the Employment Tribunal, the case of Cetinsoy v London United Busways Ltd UKEAT/0042/14 offers valuable insights. Understanding the factual assessment approach to determining "substantial change" post a TUPE transfer can guide your decision-making process. Whether it's a change in work location or another alteration to your employment conditions, this case provides crucial clarifications on the nuances of unfair dismissal claims in the context of TUPE transfers.
