Interpretation of Transfer consultation
EAT TRANSFER OF UNDERTAKINGS: Consultation and other information
Transfer of undertakings. The Employment Tribunal held that the transferors had failed properly to inform or consult in breach of regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006. They held that the transferors had failed to provide relevant information, including information about the legal implications of the transfer. The employers did not genuinely believe that the implications were as they represented them to be.
The EAT upheld the appeal and held that this was not a legitimate conclusion in the circumstances. This undermined the whole of the Tribunal’s analysis. Case remitted to a fresh Tribunal.
Observations on the proper construction of regulations 4 and 13.
Elias J P
[2008] UKEAT 0338 – 08 – 0212, [2009] IRLR 108, [2009] ICR 357
Bailii
England and Wales
Employment
Updated: 09 November 2021; Ref: scu.278352
