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
