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.
This tribunal decision provides a stark reminder to employers of the information on agency workers that they have been required to produce during redundancy and TUPE consultations since amendments to legislation made on 1 October 2011.
HR and legal information and guidance relating to the duty to inform and consult prior to TUPE transfers.