In Tapere v South London and Maudsley NHS Trust EAT/0410/08, 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.
In Lomond Motors Ltd v Clark EATS/0019/09, the EAT held that an employment tribunal had erred in finding a dismissal unfair on the grounds that the redundancy selection pool had been incorrectly drawn. The tribunal had substituted its own view for that of a reasonable employer. The tribunal had further erred in its assessment of compensation.
In Central & North West London NHS Foundation Trust v Abimbola EAT/0542/08, the EAT held that the employment tribunal had wrongly excluded highly relevant factors from its consideration of whether or not it was practicable to order reinstatement following a finding of unfair dismissal.
In Sehmi v Gate Gourmet London Ltd; Sandhu and others v Gate Gourmet London Ltd EAT/0264/08 & EAT/0265/08, the EAT held that, while the withdrawal by an employee of his or her labour will not necessarily justify dismissal, in a situation where large numbers of employees deliberately absent themselves from work in a manner that is liable to do serious damage to the employer's business, dismissal of those taking part in the action will be reasonable, even where the absence is not prolonged.