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In Nationwide Building Society v Benn and ors, the EAT held that employees who resigned in response to their jobs being downgraded and their bonus entitlements being reduced following a TUPE transfer were constructively dismissed.
The dismissals were held not to be automatically unfair for being connected to the transfer, as the tribunal had been entitled to find that the dismissals were for a valid “economic, technical or organisational reason entailing changes in the workforce” under Reg 7(2) of TUPE 2006. In so holding, the EAT decided that” entailing changes in the workforce” in this regard does not mean that the whole workforce must be affected.
