A model policy to set out the procedure for the election of employee representatives for informing and consulting on a TUPE transfer. The policy covers: timescales for consultation; nomination of employee representatives; election of employee representatives; and the role of elected representatives.
David Malamatenios is a partner and Sandra Martins, Krishna Santra and Colin Makin are senior associates at
Colman Coyle Solicitors. They round up the latest rulings.
In DLA Piper's latest case report, the Employment Appeal Tribunal (EAT) held that employment tribunals have no jurisdiction to entertain freestanding claims by transferred employees against the transferee for its failure to provide the transferor with information about the measures that it envisages it will take in relation to the transferring employees.
The Employment Appeal Tribunal has provided guidance on how tribunals should assess protective awards where an employer has breached its obligation to inform and consult on a TUPE transfer.
The Employment Appeal Tribunal has considered the definition of "affected employees" in the context of a TUPE transfer and the obligation to inform and consult.