In I Lab Facilities Ltd v Metcalfe and others  IRLR 605 EAT, the EAT held that an employment tribunal had been wrong to uphold claims under reg.13 of TUPE in respect of a failure to inform and consult representatives of employees of that part of an insolvent business that was not sold. The duty to inform and consult arose only in respect of those employees employed in the wholly distinct part of the business that was sold and transferred.
In Shields Automotive Ltd v Langdon and another EAT/0059/12, the EAT held that a protective award of seven weeks' pay in respect of the employer's technical breach of its obligation to consult on a TUPE transfer was too high.
The Employment Appeal Tribunal has provided guidance on how tribunals should assess protective awards where an employer has breached its obligation to inform and consult on a TUPE transfer.
A model letter to notify successfully nominated individuals that they will stand as candidates for election as employee representatives for informing and consulting on a TUPE transfer.
The Employment Appeal Tribunal has considered the definition of "affected employees" in the context of a TUPE transfer and the obligation to inform and consult.
HR and legal information and guidance relating to collective employee relations and TUPE transfers.