Transfer of undertakings: Duty to invite elections
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Howard v Millrise Ltd t/a Colourflow (in liquidation) and another [2005] IRLR 84 EAT (0 other reports)
Key points
In Howard v (1) Millrise Ltd and another the EAT holds:
- The correct interpretation of reg.10 (8A) of TUPE is that, if there is no trade union and no elected employee representatives, the employer is under a duty to inform and consult employees affected by the transfer of the undertaking.
- An employee affected by the transfer who has not been informed and consulted under reg.10 (8A) has the right, under reg.11, to seek a remedy from the employment tribunal.
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