Employment law cases

All items: TUPE transfers - information and consultation

  • Case round-up

    1 October 2015

    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.

  • TUPE: can transferring employees bring consultation claims against the transferee?

    24 July 2014

    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.

  • TUPE consultation: EAT provides guidance on protective awards for technical breaches

    22 May 2013

    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.

  • TUPE consultation: EAT considers definition of "affected employees"

    8 May 2013

    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.

  • Council fails to provide agency workers information in redundancy and TUPE consultations

    21 February 2013

    This tribunal decision provides a stark reminder to employers of the information on agency workers that they have been required to produce during redundancy and TUPE consultations since amendments to legislation made on 1 October 2011.

  • Case round-up

    1 April 2012

    Dinu Suntook, Cane Pickersgill and Poppy Fildes are all associates at Addleshaw Goddard. They round up the latest rulings.

  • Case of the week: Protective awards under TUPE

    17 August 2011

    This week's case of the week, provided by DLA Piper, covers protective awards under TUPE.

  • Case of the week: Protective awards for collective redundancies

    20 July 2011

    This week's case of the week, provided by DLA Piper, covers protective awards for collective redundancies.

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

    31 January 2011

    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.

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

    10 March 2010

    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.

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Employment law cases: HR and legal information and guidance relating to TUPE transfers - information and consultation.