Refusal to transfer

Case 4: The facts

Carol Steele and Heather Lochrane worked for a medical practice which was transferred following the retirement of the practice GP. They held an initial discussion with the new practice, who denied that TUPE applied to their transfer.

Steele and Lochrane refused to transfer, but claimed constructive dismissal against the new practice on the grounds that the discussion had caused a breakdown in any future relationship.

The ruling

The Employment Appeal Tribunal (EAT) noted that Steele and Lochrane had not initially wanted to transfer because they had feared that their working conditions would be different.

However, because they had not transferred, they had no employment relationship with the new practice and consequently no rights to enforce against them.

Neither could they claim redundancy from the old practice, because objection to a transfer is deemed not to be a dismissal of any kind.

The EAT also rejected their argument that the new practice had failed to inform and consult them, as this had not been argued in the original case.

Steele and Lochrane v Perth & Scone Medical Group EATS/0075/04