Wed, 27 Aug 2014
The Appellants were former bus drivers once employed by Centre West who TUPE transferred to London United following a route re-allocation. London United required them to be based at a different depot and they claimed that the change of work location amounted to a repudiatory breach of contract and a substantial change in working conditions to their material detriment entitling them to resign and claim to have been automatically unfairly dismissed. The tribunal was persuaded not to follow the decision of the EAT in Musse v Abellio and rejected their claims. The EAT upheld the decision of the tribunal on the ground that the determinations were issues of fact which the tribunal had been entitled to reach. Notwithstanding that the employment contracts in Musse were identical, the change in work location was only 3 miles compared to 7 miles in Musse and, unlike Musse, did not involve a move from the north to the south of the Thames. The decision is now reported on the EAT website. Click here
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