TUPE: Requirement to move to location outside scope of mobility clause in original contract was fundamental breach of contract

In Tapere v South London and Maudsley NHS Trust [2009] IRLR 972 EAT, the EAT held that, in requiring a transferred employee to move to a location outside the scope of the mobility clause in her original contract of employment with the transferor, the transferee had acted in fundamental breach of contract. The employee's subsequent resignation therefore amounted to a constructive dismissal. Further, the transferee's attempt to move her place of work amounted to a substantial change in her working conditions to her material detriment. She was, therefore, also entitled to be treated as having been dismissed under reg.4(9) of the TUPE Regulations.