Key TUPE case on consultation

Piers Chadwick, Partner at KLC successfully represented MFS at the employment tribunal in a multiple claimant and multiple respondent case concerning whether a claimant can bring a claim for a breach of reg 13(4) against a transferee directly. The employment tribunal described the issue in the case of as a "novel point" and whilst finding in favour of MFS welcomed further guidance from the EAT.

Regulation 13(4) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 relating to the duty to inform and consult provides that the "transferee shall give the transferor such information at such time as will enable the transferor to perform the duty imposed upon him ..."

The case, Allen & ors v Morrison Facilities Services Ltd (MFS), has been identified as one of Michael Rubenstein's key employment cases for 2013- 2014 and will be heard at the EAT on 10 December 2013.