19 March 2013

TUPE - are transferees obliged to consult with transferor employees pre transfer?

Piers Chadwick, Partner, recently acted for the Respondent in a complex and lengthy multi Respondent TUPE case involving over 150 Claimants.

The issue to be determined was described by the Tribunal as a "novel point" and it was clear in the absence of authority that the point had not had the benefit of previous wide debate in the Employment Tribunal or the Employment Appeal Tribunal.

The Employment Tribunal found that there was no obligation on the transferee to consult with transferor employees pre transfer and as such the Claimants' claims failed and were dismissed.

Additionally, the Tribunal found that there was no right for a freestanding claim to be made against the transferee in respect Regulation 13(4), the obligation for the transferee to provide information to the transferor regarding measures.

The Tribunal noted in their Judgment that all three members would welcome clearer guidance from the EAT on what they found was a difficult and complex issue.

If you would like any further information or specific advice please contact Piers Chadwick or one of our specialist employment consultants on 01483 415276

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