EAT TRANSFER OF UNDERTAKINGS: Consultation and other information
TUPE 2006. (1) Whether Tribunal had erred in refusing to allow UCATT to amend its claim to add an allegation of failure to inform in accordance with reg.13(2) in addition to its existing allegation of failure to consult. (2) Whether regulations require a transferee employer to consult with transferred employees post transfer regarding measures it envisages in relation to them.
On appeal, EAT found that the Tribunal had not erred in refusing to allow UCATT to amend its claim. Further, it agreed with the Tribunal that the transferee employers were not obliged to consult with the transferred employees post transfer. Proposal that there should be a reference to the ECJ rejected.
Judges:
Lady Smith
Citations:
[2008] UKEAT 0007 – 08 – 1911, [2009] ICR 852, [2009] IRLR 253
Links:
Citing:
Cited – Secretary of State for Health v Rance EAT 4-May-2007
EAT Equal Pay Act – Part time pensions
Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke
The EAT exercised its discretion to allow a point conceded at the Employment Tribunal to be . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 23 July 2022; Ref: scu.317883
