The EAT has provided guidance on the circumstances in which an employee who resigns in response to a "substantial change in working conditions" to their "material detriment" following a TUPE transfer will be treated as having been dismissed by their employer for the purpose of bringing an unfair dismissal claim. They do not have to demonstrate the same causes as are usually required. They need only show that the relevant TUPE transfer involves or would involve "a substantial change in working conditions to the material detriment of a person…such that an employee may treat the contract of employment as having been terminated, and the employee shall be treated for any purpose as having been dismissed by the employer."
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