Working conditions after a Tupe transfer: employers need to be wary of constructive dismissal

A recent case, Tapere v South London and Maudsley NHS Foundation Trust (case ref UKEAT/0410-08/1908), serves as a useful reminder that employers who inherit staff on a Tupe transfer need to be careful how they treat them to avoid claims. The Transfer of Undertakings (Protection of Employment) Regulations 2006 (Tupe) entitle employees to decide not to transfer and thereby terminate their employment. They can simply to object to transferring (which leaves them with no claim against either the organisation from which they are being transferred or the one to which they are heading) or claim constructive dismissal (based on a breach of contract by the employer).