In I Lab Facilities Ltd v Metcalfe and others  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.
Practical guidance on the law on harmonising contractual terms and conditions following a TUPE transfer, including variation of terms derived from a collective agreement; economic, technical and organisational reasons for variation; and varying terms with employees' consent.
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.
The European Court of Justice has held that a transferee is not bound by "dynamic" clauses in contracts of employment referring to collective agreements negotiated after the transfer, where that transferee cannot participate in the negotiation process.
A Northern Ireland industrial tribunal has referred to the European Court of Justice the question of whether or not legislation that requires collective redundancy consultation only where an employer is proposing to make redundant 20 or more employees "at one establishment" is compatible with European law.
Practical guidance on dealing with the situation where the transferee disputes that TUPE applies to the transfer in question, in particular in relation to service provision changes.
David Malamatenios is a partner, and Colin Makin, Krishna Santra, Sandra Martins and Melissa Powys-Rodrigues are solicitors at Colman Coyle Solicitors. They round up the latest rulings.
HR and legal information and guidance relating to TUPE.