Royal Mail Group Ltd v Communication Workers Union  IRLR 1046 CA
Reports relating to this case:
TUPE: Incorrect information reflecting mistaken belief about legal position did not breach Regulations
- 13 January 2010
In Royal Mail Group Ltd v Communication Workers Union  EWCA Civ 1045 CA, the Court of Appeal held that an employer must inform representatives of employees who may be affected by a TUPE transfer of its considered and genuine view as to the legal implications of the proposed transfer. However, reg.13(2)(b) of the TUPE Regulations 2006 does not impose strict liability on the employer as to the accuracy of that information. Therefore the employer will not be in breach if the information that it gives reflects a genuine but mistaken belief as to the legal implications.
- 20 October 2009
The Court of Appeal has held that an employer that does not inform and consult with employees who are transferring under TUPE because of a mistaken belief in the legal position will not automatically be in breach of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246).