Transfer of undertakings: Consultation over business transfers

In Institution of Professional Civil Servants and others v Secretary of State for Defence 7.4.87 Chancery Division the High Court rejects a complaint by various trade unions that the Secretary of State had not Informed and consulted them about a proposed transfer of two dockyards to commercial management, as required by s.1 of the Dockyard Services Act 1986. The importance of this case lies in the fact that s.1 largely reflects the wording of regulation 10 of the Transfer of Undertakings (Protection of Employment) Regulations 1981 and thus provides useful guidance on the obligation to inform and consult imposed by those Regulations.

This case concerned the transfer of two dockyards - at Devonport and Rosyth - to commercial management.