header-logo header-logo

A TUPE ace to bear in mind?

51261
In the light of a recent case, John McMullen highlights the potential use of TUPE, reg 4(9) in unfair dismissal claims
  • Lewis v Dow Silicones and the scope of reg 4(9) of TUPE.
  • The approach to applying ISS Facility Services NV in the UK via EU retained law.

In this article we examine Lewis v Dow Silicones UKEAT/0155/20/LA (V), which demonstrates that when an employee feels badly treated and resigns, claiming unfair dismissal, but fails because he has not shown a fundamental breach of contract on the part of the employer, he has another trick up his sleeve under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). He may rely on reg 4(9) of TUPE which provides: ‘… where a relevant transfer involves or would involve a substantial change in working conditions to the material detriment of a person whose contract of employment is or would be transferred under paragraph (1), such an employee may treat the contract of employment as having

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gardner Leader—Charlotte Botham & Belinda Sinnott

Gardner Leader—Charlotte Botham & Belinda Sinnott

Law firm strengthens real estate team with two new partners

DR Solicitors—Sarah Cook

DR Solicitors—Sarah Cook

DR Solicitors strengthens primary care expertise with appointment of legal director

Womble Bond Dickinson—David Varney

Womble Bond Dickinson—David Varney

Womble Bond Dickinson appoints David Varney to strengthen digital practice

NEWS
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
Four recent Employment Appeal Tribunal decisions have clarified important employment law principles on dismissal, bonuses, trade union activity and tribunal procedure
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
back-to-top-scroll