EAT Transfer of Undertakings : Consultation and Other Information – The claimant teachers succeeded at a preliminary hearing before an Employment Judge in contending that the establishment at which they worked (for the purposes of s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 was the Education and Leisure Service of Renfrewshire Council. The Council had contended it was the individual school at which each worked, on which basis there was no right to consultation under s.188. The Judge had relied heavily on City of Edinburgh Council v Wilkinson as decided in the EAT. That decision had since been reversed on appeal to the Inner House of the Court of Session. Her approach to determining what was an establishment was in error in that, and other regards, including a perverse finding of material fact that a school was not a distinct entity. The appeal was allowed, but the issue remitted to the judge since some material findings of fact needed to be made before a definitive answer could be given on the claim.
Langstaff J P
[2012] UKEAT 0018 – 12 – 0410
Bailii
England and Wales
Employment
Updated: 01 November 2021; Ref: scu.464955