Case report round-up: Employees not transferring were not "affected employees" for TUPE

The latest HR & Compliance Centre case reports cover:

  • TUPE: Employees not transferring were not "affected employees" In I Lab Facilities Ltd v Metcalfe and others [2013] IRLR 605 EAT, the EAT held that an employment tribunal had been wrong to uphold claims under reg.13 of TUPE in respect of a failure to inform and consult representatives of employees of that part of an insolvent business that was not sold. The duty to inform and consult arose only in respect of those employees employed in the wholly distinct part of the business that was sold and transferred. 
  • TUPE: Protective award for technical breach of consultation obligations was too high In Shields Automotive Ltd v Langdon and another EAT/0059/12, the EAT held that a protective award of seven weeks' pay in respect of the employer's technical breach of its obligation to consult on a TUPE transfer was too high. 

Also

Week beginning 15 July 2013
Week beginning 8 July 2013
Week beginning 1 July 2013
Week beginning 24 June 2013
Week beginning 17 June 2013