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Transfer of undertakings: Complaint of failure to consult not premature

This report relates to 1 case(s)

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    South Durham Health Authority v UNISON [1995] IRLR 407 EAT (0 other reports)

In South Durham Health Authority v UNISON, the EAT rules that a trade union's complaint to an industrial tribunal of an employer's failure to consult with its representatives, in accordance with the Transfer of Undertakings Regulations, was not made too soon. The complaint was presented two weeks before the relevant transfer. The EAT holds that the Regulations specify an end date for the presentation of such a complaint to a tribunal - three months after completion of the transfer - but they do not specify a start date or prohibit a tribunal from hearing a complaint presented to it before any particular date.