TUPE transfers - information and consultation

New and updated

• Date:

  31 January 2011

  Type:

  Employment law cases

  TUPE: Transferor failed to consult or provide information to employee representatives

  In Todd v Strain and others [2011] IRLR 11 EAT, the EAT held that the duty to give employee representatives information about a forthcoming transfer applies even where there are no measures being proposed that give rise to a duty to consult the representatives. Informing individual employees rather than representatives did not amount to compliance with the information requirements, but should have led the tribunal to award less than the maximum compensation of 13 weeks' pay.

• Date:

  10 March 2010

  Type:

  Employment law cases

  TUPE: EAT defines "affected employees" to be consulted on a TUPE transfer

  In Unison v Somerset County Council and others EAT/0043/09, the EAT held that the employees "affected by" a TUPE transfer for the purposes of consultation with employee representatives were those who would or might be transferred, those whose job is jeopardised by the proposed transfer, and those with internal job applications pending. The definition did not extend to those who might in the future apply for a vacancy in the part of the undertaking transferred.

• Date:

  13 January 2010

  Type:

  Employment law cases

  TUPE: Incorrect information reflecting mistaken belief about legal position did not breach Regulations

  In Royal Mail Group Ltd v Communication Workers Union [2009] EWCA Civ 1045 CA, the Court of Appeal held that an employer must inform representatives of employees who may be affected by a TUPE transfer of its considered and genuine view as to the legal implications of the proposed transfer. However, reg.13(2)(b) of the TUPE Regulations 2006 does not impose strict liability on the employer as to the accuracy of that information. Therefore the employer will not be in breach if the information that it gives reflects a genuine but mistaken belief as to the legal implications.

• Type:

  Quick reference

  TUPE - employee liability information

  A table setting out the employee liability information that the transferor is required to notify the transferee in a TUPE transfer.

• Date:

  25 March 2009

  Type:

  Employment law cases

  TUPE: Duty to consult ends with transfer

  In Amicus and another v City Building (Glasgow) LLP and others [2009] IRLR 253 EAT, the EAT held that, after a transfer, the transferee employer is not obliged to consult with representatives of the transferred employees in respect of the measures that it proposes to take.

• Type:

  Employment law cases

  TUPE update

  Twenty-eight years after its birth, TUPE still raises thorny questions. Its complexity is evidenced by the number of groundbreaking tribunal cases which have come to the fore recently, many of which could have far-reaching ramifications at a time of economic instability, writes Lesley Murphy.

• Date:

  14 April 2008

  Type:

  Employment law cases

  TUPE: TUPE may apply to transfer of business to Israel

  In Holis Metal Industries Ltd v GMB and another [2008] IRLR 187, the EAT refused to strike out a claim alleging breach of consultation duties arising pursuant to the TUPE Regulations 2006.

• Date:

  2 February 2007

  Type:

  Employment law cases

  TUPE case law update

  This article looks at some of the important judgments in the area of the transfer of undertakings over the past year.

• Date:

  7 April 2006

  Type:

  Employment law cases

  Transfer of undertakings: Compensation for failure to consult on TUPE transfer

  In Sweetin v Coral Racing, the EAT holds that awards of compensation for a failure to inform and consult about staff transfers under the Transfer of Undertakings (Protection of Employment) Regulations should be penal and not compensatory. 

• Type:

  Employment law cases

  Case round-up

  Sophy Robinson and Karen Fletcher of Addleshaw Goddard outline the latest legal rulings and explain what you need to know to avoid tribunals.