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TUPE: Employees not transferring were not "affected employees"

This report relates to 1 case(s)

In I Lab Facilities Ltd v Metcalfe and others [2013] IRLR 605 EAT, the EAT held that an employment tribunal had been wrong to uphold claims under reg.13 of TUPE in respect of a failure to inform and consult representatives of employees of that part of an insolvent business that was not sold. The duty to inform and consult arose only in respect of those employees employed in the wholly distinct part of the business that was sold and transferred.