Howard v Millrise Ltd t/a Colourflow (in liquidation) and another [2005] IRLR 84 EAT

Transfer of undertakings: Duty to invite elections

Date:

14 January 2005

In Howard v (1) Millrise Ltd and another, the EAT holds that the correct interpretation of reg.10 (8A) of TUPE is that, if there is no trade union and no elected employee representatives, the employer is under a duty to inform and consult employees affected by the transfer of the undertaking.