The Employment Appeal Tribunal has held that a transferor should have consulted staff on administrative changes to pay arrangements on a TUPE transfer.
In Unison v Somerset County Council and others EAT/0043/09, the EAT held that the employees "affected by" a TUPE transfer for the purposes of consultation with employee representatives were those who would or might be transferred, those whose job is jeopardised by the proposed transfer, and those with internal job applications pending. The definition did not extend to those who might in the future apply for a vacancy in the part of the undertaking transferred.
Susannah Jarvis (associate) and Kate Williams (professional support lawyer) at Addleshaw Goddard analyse important rulings.
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.
The Employment Appeal Tribunal (EAT) has considered who qualifies as "affected employees" who must be informed and consulted on a TUPE transfer through their employee representatives.
The Employment Appeal Tribunal has upheld an employment tribunal decision to dismiss a sex discrimination claim by a male trainee police officer who was required to get his hair cut.
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).
In Amicus and another v City Building (Glasgow) LLP and others  IRLR 253 EAT, the EAT held that, after a transfer, the transferee employer is not obliged to consult with representatives of the transferred employees in respect of the measures that it proposes to take.
The Employment Appeal Tribunal has upheld an employment tribunal decision that there is no obligation under TUPE for transferees to consult with representatives after a transfer.
This article looks at some of the important judgments in the area of the transfer of undertakings over the past year.
HR and legal information and guidance relating to collective employee relations and TUPE transfers.