This is a preview. To continue reading please log in or Register to read this article

TUPE: Consultation based on employer's genuine, but erroneous, belief as to the legal implications of a transfer is sufficient

This report relates to 1 case(s)

  • expand disabled

    Royal Mail Group Ltd v Communication Workers Union [2009] IRLR 108 EAT (0 other reports)

In Royal Mail Group Ltd v Communication Workers Union EAT/0338/08, the EAT held that, although the employer was mistaken in believing that no employees were to be automatically transferred as a result of a TUPE transfer, the mistake was genuine and did not amount to a breach of the duty to inform and consult, where the employer provided information that accorded with its genuine but mistaken belief.