The employers appealed against findings that employees could claim constructive dismissal on a transfer of an undertaking simply because of a change in the employment conditions after the transfer.
Held: Neither the Regulations nor the Act created a new right beyond the preservation of existing rights. To found a case for constructive dismissal, the employee had to show that the alteration in his terms and conditions was such as to amount to a repudiation by the employer.
Judges:
Lord Justice Peter Gibson, Lord Justice Jonathan Parker and Sir Christopher Slade
Citations:
Times 28-May-2002, Gazette 13-Jun-2002, [2002] EWCA Civ 745, [2002] Emp LR 735, [2002] 2 CMLR 43, [2002] ICR 1063, [2002] IRLR 483
Links:
Statutes:
Transfer of Undertaking (Protection of Employment) Regulations 1981 (SI 1981 No 1794) 5(5), Employment Rights Act 1996 95(1)(c)
Jurisdiction:
England and Wales
Citing:
Appeal from – Rossiter v Pendragon Plc EAT 9-Feb-2001
The claimant appealed a finding that he had not been constructively dismissed on a transfer of the undertaking in which he was employed. . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 06 June 2022; Ref: scu.171300