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Transfer of undertakings: Duty to invite elections

This report relates to 1 case(s)

Key points

In Howard v (1) Millrise Ltd and another the EAT holds:

  • 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.
  • An employee affected by the transfer who has not been informed and consulted under reg.10 (8A) has the right, under reg.11, to seek a remedy from the employment tribunal.