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TUPE: Protective award for technical breach of consultation obligations was too high

This report relates to 1 case(s)

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.

Key points

  • An employer breached its obligation under the TUPE Regulations to make such arrangements as were reasonably practicable to ensure the fair election of employee representatives for the purpose of informing and consulting on a transfer.