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.