TUPE — Resign Due to Substantial Change Letter: Free Template and What to Include

If you need to resign and assert constructive dismissal due to a substantial change following TUPE, a written letter is the recommended first step — it creates a clear record and shows you're pursuing the matter formally. Below is what a strong tupe — resign due to substantial change should include.

What this letter needs to cover

• Identify the substantial change to working conditions that is to the material detriment of the employee
• State the employee is treating themselves as dismissed
• Confirm intention to bring a tribunal claim
• Invite ACAS conciliation

When a TUPE-related change justifies resignation

If a TUPE transfer results in a substantial change to your working conditions to your material detriment, you may be entitled to treat this as if you'd been dismissed and resign in response — this is a specific statutory right under TUPE, distinct from, but related to, ordinary constructive dismissal principles.

What to include before you send it

• Confirmation of the TUPE transfer and the specific substantial change imposed
• Why you consider this change to be to your material detriment
• Confirmation that you're resigning specifically because of this change
• A statement that you intend to pursue a claim on this basis

Why "substantial" and "material detriment" are the key legal tests here

Not every change following a transfer qualifies — the change needs to be substantial (not minor or trivial) and genuinely detrimental to you specifically, not simply different or something you'd prefer not to happen. Being clear about exactly why the change meets both elements strengthens your position.

Frequently Asked Questions

Do I need to raise a grievance before resigning under this provision?
It's not always a strict requirement, but raising the issue formally first, where time allows, can strengthen your position and show you gave the new employer a chance to address it.

What's different about this compared to ordinary constructive dismissal?
This specific TUPE provision is somewhat more flexible than the general contract breach test for constructive dismissal, focusing specifically on substantial detrimental change following a transfer.

[Your Name]
[Your Address]
[Your Postcode]
[Your Phone Number]
[Your Email Address]
[Name of HR Manager / Director]
[Company Name]
[Company Address]
[Company Postcode]
[Date]

Dear [Name],

Subject: Resignation – substantial change to my working conditions after the TUPE transfer

I am resigning from my job as [Job Title]. My last day will be [Date].

After the TUPE transfer to [New Employer] on [Date], [the company has made / the company proposes] a substantial change to my working conditions: [e.g. moving my workplace to [place], [number] miles away / cutting my basic pay by £[amount]]. This is to my material detriment because [explain, e.g. I cannot travel there and still collect my children].

Under regulation 4(9) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, I am treating myself as dismissed.

I intend to bring an employment tribunal claim. I will contact Acas for early conciliation and I am open to resolving this through it.

Please confirm my final pay, including any holiday I have built up but not taken.

Yours sincerely,

[Your Signature]
[Your Printed Name]