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.
By failing to ensure worker representation in workplaces where no trade union is recognised, the UK Government has failed to comply with its Community law obligations to ensure that workers' representatives are informed and consulted on business transfers and collective redundancies, the European Court of Justice rules in Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland.
In Institution of Professional Civil Servants and others v Secretary of State for Defence the High Court rejects a complaint by various trade unions that the Secretary of State had not Informed and consulted them about a proposed transfer of two dockyards to commercial management, as required by s.1 of the Dockyard Services Act 1986.
HR and legal information and guidance relating to TUPE transfers - information and consultation.