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3 mile location difference not a substantial change under TUPE
In Cetinsoy and others v London United Bus ways Limited, the EAT has upheld a Tribunal decision that a change in location following a TUPE transfer of 3.5 miles was not a substantial change to the material detriment of the bus workers’ working conditions. Although the case was factually similar to Abellio London Limited (formally Travel London Limited) v Musse and others, where a relocation of 6 miles following a TUPE transfer was considered to be a substantial change to the material detriment of the drivers concerned, the EAT held that, on the particular facts of this case, the Tribunal was entitled to make a different finding of fact. This case reinforces that TUPE cases are very much fact specific and each must be judged on its own facts.
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.
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