EAT TRANSFER OF UNDERTAKINGS – Consultation and other information
Seller of care home business gave some limited information to employees about impending transfer but failed to arrange for election of ‘appropriate representatives’ as required by reg. 14 of Transfer of Undertakings (Protection of Employment) Regulations 2006 and accordingly gave no information to, and did not consult with, any such representatives.
Tribunal finds breaches of regs. 13 (2) and (6), as well as reg. 14, of TUPE and orders transferor to pay 13 weeks pay, being the maximum compensation in accordance with reg. 15: but makes no award against transferee.
HELD:
(1) Tribunal’s finding of liability against transferor upheld – Contention that there was no duty to inform under reg. 13 (2) unless transferor were envisaging ‘measures’ on which it was necessary to consult under reg. 13 (6) rejected – Institution of Professional Civil Servants v Secretary of State for Defence [1987] IRLR 373 followed
(2) Wrong in principle to award maximum compensation in circumstances where some (though inadequate) information had been given and the measures requiring consultation were of very limited significance – Award of seven weeks pay substituted
(3) Tribunal was obliged by reg. 15 (9) to find transferee jointly and severally liable with transferor.
Judges:
Underhill P J
Citations:
[2010] UKEAT 0057 – 09 – 1606, [2011] IRLR 11
Links:
Statutes:
Transfer of Undertakings (Protection of Employment) Regulations 2006 14
Employment
Updated: 25 August 2022; Ref: scu.425006
