Solicitor wins constructive dismissal claim after TUPE transfer without consultation
A solicitor was constructively unfairly dismissed when his new employer failed to consult him about a TUPE transfer and imposed unilateral contract changes. The tribunal awarded £20,399.
1 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #tupe-failure-to-consult
- #unlawful-deduction-from-wages
- #holiday-pay
- #acas-code-uplift
- #solicitor
Key facts
- The claimant was employed as a solicitor by Rider Support Services from 31 May 2007.
- His employment transferred to Charles Gregory Solicitors Ltd under TUPE on 1 October 2019 without prior notice or consultation.
- The respondent sent the claimant a new contract of employment on 29 October 2019 with unilateral changes to terms.
- The claimant was suspended on 16 October 2019 and later invited to a disciplinary hearing.
- The claimant resigned on 11 December 2019 after the disciplinary hearing proceeded without his grievance being addressed.
- The tribunal found the respondent breached the implied term of trust and confidence, leading to constructive unfair dismissal.
Timeline
-
Employment started
Claimant began employment with Rider Support Services Limited as a paralegal, later becoming a solicitor.
-
SRA licence removed
Rider Support Services received notice that its licence to provide reserved legal activities was removed, effective 27 September 2019.
-
File transfers began
Staff, including the claimant, started transferring client files from Rider Support Services to Charles Gregory Solicitors.
-
TUPE transfer
The claimant's employment transferred to Charles Gregory Solicitors Ltd under TUPE without prior notice or consultation.
-
Claimant queried employment status
The claimant emailed Mrs Wheatley querying his employment position, practising certificate, and requesting redundancy payment.
-
Claimant suspended
The claimant was suspended on full pay after a telephone conversation with Mrs Wheatley.
-
TUPE confirmation letter
Ms Hussain sent a letter confirming the TUPE transfer and enclosing a new contract of employment with unilateral changes.
-
Grievance submitted
The claimant's union representative submitted a formal grievance regarding lack of consultation and unilateral contract changes.
-
Disciplinary hearing and resignation
The claimant attended a disciplinary hearing; the respondent acknowledged the grievance after the hearing. The claimant resigned at 10.30pm.
-
ET1 presented
The claimant presented his claim to the employment tribunal.
The legal issue
The tribunal had to decide whether the solicitor was constructively unfairly dismissed because his employer's conduct destroyed mutual trust and confidence, and whether the employer failed to comply with TUPE consultation obligations.
The outcome
The tribunal upheld the claim of constructive unfair dismissal, finding that the employer's actions breached the implied term of trust and confidence. The claimant resigned after the employer failed to consult him about the TUPE transfer, imposed a new contract with unilateral changes, and proceeded with a disciplinary hearing without addressing his grievance.
Compensation:
- Basic award: £7,875.00
- Compensatory award: £12,024.48
- Total: £20,399.48
Lessons & takeaways
- Employers must inform and consult employees about TUPE transfers before they happen; failing to do so can amount to a fundamental breach of contract.
- Unilaterally changing an employee's contract terms after a TUPE transfer is likely to destroy trust and confidence, giving the employee the right to resign and claim constructive dismissal.
- Ignoring a formal grievance while continuing with a disciplinary hearing is a clear sign that the employer is not treating the employee fairly, which can support a constructive dismissal claim.
A solicitor left in the dark after a TUPE transfer
The claimant, a solicitor working in personal injury law, had been employed by Rider Support Services since 2007. In September 2019, his employer lost its licence to provide legal services, and his work was transferred to Charles Gregory Solicitors Ltd. The transfer happened on 1 October 2019 without any prior notice or consultation. The claimant first learned of the change when he was asked to transfer client files.
Unilateral contract changes and a disciplinary process
After the transfer, the claimant was sent a new contract of employment that contained unilateral changes to his terms. He was suspended shortly after and invited to a disciplinary hearing. Before the hearing, his union representative submitted a formal grievance about the lack of consultation and the contract changes. The employer did not address the grievance and proceeded with the disciplinary hearing. The claimant resigned that evening.
What the tribunal decided
The tribunal found that the employer's conduct amounted to a fundamental breach of the implied term of trust and confidence. The failure to inform or consult about the TUPE transfer, the imposition of a new contract without agreement, and the decision to ignore the grievance while pressing ahead with discipline were all serious breaches. The claimant was entitled to treat himself as constructively dismissed. The tribunal awarded £20,399.48 in compensation, including a basic award of £7,875 and a compensatory award of £12,024.48.
What this means for similar claims
This case shows that employers cannot simply transfer employees under TUPE without proper consultation. Even if the business transfer is urgent, employees must be informed and given a chance to discuss the changes. Unilaterally altering contract terms after a transfer is a high-risk move that can lead to a successful constructive dismissal claim. For employees, this case reinforces that resigning in response to a serious breach of trust can be the right step, especially when a grievance is ignored.
Similar cases
Reception manager's constructive dismissal claim over gout and paternity leave fails
A reception manager who resigned after disputes over pay and deductions lost his constructive dismissal claim. The tribunal found no fundamental breach of contract and no link to proposed paternity leave.
Constructive dismissal over unresolved holiday pay: ACAS failed to clarify entitlement for 9 years
A Grade 10 Conciliator with 9 years' service won her constructive unfair dismissal claim after ACAS repeatedly failed to clarify her holiday entitlement, leading to her resignation. The tribunal awarded £24,847.58.
Constructive dismissal after employer ignored grievance: ACAS uplift applied
A former employee who resigned after her employer failed to deal with her grievance has been awarded £11,438.50 for unfair constructive dismissal. The tribunal increased her compensation by 25% because the employer ignored the ACAS Code of Practice on disciplinary and grievance procedures.
Beauty therapist awarded £8,278 after employer failed to follow ACAS code
A beauty therapist who was unfairly dismissed and not paid wages or holiday pay has been awarded £8,278 by an employment tribunal, including a 25% uplift for the employer's failure to follow the ACAS Code of Practice.