Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Constructive dismissalEmployment lawLatest NewsEmployment tribunalsTUPE

TUPE ruling: Employees who refused to transfer win significant victory

by John Charlton 24 Mar 2009
by John Charlton 24 Mar 2009

Employees of a North West legal firm who refused to transfer to a new employer on the grounds that their working conditions would have changed substantially have won their case.

The recent ruling was made in the case of Barnetts Solicitors v Royden and others who were among staff who worked for Liverpool law firm Lees Lloyd Whitley (LLW).

In 2007 they were among 23 staff affected when Barnetts won a £1m contract to provide legal services to the Britannia Building Society, previously held by LLW.

The staff worked at LLW’s Birkenhead office but, after the transfer, they would have been required to work at Barnetts’ Southport office or at the Bradford or Manchester offices of Hammonds, a legal firm that collaborated with Barnetts in fulfilling Brittania work.

Southport was the only location the claimants would consider, but they were reluctant to work there and resigned on 4 June 2007 on the grounds that the transfer breached their contracts. They claimed constructive dismissal.

Judge Derek Reed ruled that Barnetts had failed to consult with the 23 LLW staff “affected by a service provision change” under the 2006 TUPE regulations.

The employees had been subject to a “substantial change in working conditions to their material detriment” which meant they could treat their contract as being terminated unfairly.

Their lawyer, Gordon Turner, principal of central London law firm Partners Law, commenting on the implications of the case, said: “As before, employees transfer with all their contractual rights in place. However, now, under regulation 4(9) there is a new, softer, constructive dismissal, which means that if an employer makes substantial changes to working conditions causing material detriment, the employees have the right to resign and claim unfair dismissal.

“That is an area particularly relevant to HR managers because working conditions does not mean contractual ones.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

“It is essentially the habits of employment enjoyed pre-transfer and can incorporate all kinds of factors, such as job descriptions, locations, uniforms, and job status.”

Turner said that, in his view, if a minibus had been laid on for the affected employees to take them to Southport as required – at cost of about £100 per day – the case would probably never have progressed.

John Charlton

previous post
Absenteeism and stress loads up as recession hits work-life balance
next post
1,000 jobs at risk as new dawn for Pickfords fails to deliver

You may also like

Number of Neet women rises but figures fall...

23 May 2025

Bank holidays: six things employers need to know

23 May 2025

Unions ponder strike action after public sector pay...

23 May 2025

Personnel Today Awards 2025: Three weeks left to...

23 May 2025

Sighing in frustration at colleague was discriminatory, judge...

23 May 2025

Flexible working for teachers initiative extended

23 May 2025

Fire and rehire: the relocation question

22 May 2025

Public sector workers gain pay rises of up...

22 May 2025

Six ways to kickstart conversations about team stress...

22 May 2025

UK net migration slashed by half in one...

22 May 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+