In Amicus and another v City Building (Glasgow) LLP and others [2009] IRLR 253 EAT, the EAT held that, after a transfer, the transferee employer is not obliged to consult with representatives of the transferred employees in respect of the measures that it proposes to take.
Twenty-eight years after its birth, TUPE still raises thorny questions. Its complexity is evidenced by the number of groundbreaking tribunal cases which have come to the fore recently, many of which could have far-reaching ramifications at a time of economic instability, writes Lesley Murphy.
In Capita Health Solutions v McLean and another [2008] IRLR 595, the EAT held that an employee's objection to becoming employed by the transferee did not have the effect of preventing the transfer of her contract of employment, as she had undertaken work for the transferee after the transfer date.
In Kimberley Group Housing Ltd v Hambley and others; Angel Services (UK) Ltd v Hambley and others EAT/0488/07 & EAT/0489/07, the EAT overturned an employment tribunal decision to split liability for employment contracts in proportion to the split in activities after a service provision change.
In Holis Metal Industries Ltd v GMB and another [2008] IRLR 187, the EAT refused to strike out a claim alleging breach of consultation duties arising pursuant to the TUPE Regulations 2006.
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