March 29, 2017
by Jeffrey
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If a transferor provides inaccurate Employee Liability Information (ELI) to a transferee does the transferee have a right to compensation under Reg 12? Answer; not necessarily. The Facts Born took over a print finished contract from Spire. It was a … Continue reading
November 24, 2014
by Jeffrey
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This is an Employment Tribunal decision and therefore has no value as precedent but it is a rare reported case regarding the failure by a transferor to provide the necessary employee liability information (‘ELI’) under Reg 11 and a claim under … Continue reading
November 17, 2014
by Jeffrey
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The Issue Reg 13(2) requires that the employer should inform and consult ‘long enough before’ the transfer. This case concerns the meaning of ‘long enough before’. The Facts LLDY operates a distillery. It was engaged in a dispute with employees … Continue reading
June 2, 2014
by Jeffrey
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Although only an ET decision this case concerns a rare award made under Reg 12 – where a transferor fails to provide a transferee with Employee Liability Information (‘ELI’) that it is required to do under Reg 11. The Facts … Continue reading
April 23, 2014
by Jeffrey
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In this case the employees sought to bring a direct claim under Reg 15(1)(d) against the transferee for what they said was a breach of Reg 13(4). This requires the transferee to give such information as will enable the transferor … Continue reading
March 21, 2014
by Jeffrey
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This case concerns the starting point for making a protective award under s. 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and compensation under Reg 15 of TUPE. The Facts The Council engaged in both redundancy and TUPE consultation … Continue reading
September 5, 2013
by Jeffrey
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The Government’s proposals have been published and they not nearly as radical as had been anticipated by some, and feared by others. The big news is that Service Provision changes will remain albeit in a modified form to reflect the development of case law. … Continue reading
June 26, 2013
by Jeffrey
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This authority simply confirms that where an ET makes an award of compensation against the transferor and transferee for a failure to consult it has no power to apportion liability between them under Reg 15(9) (Todd v Strain applied). The Facts The employee … Continue reading
May 29, 2013
by Jeffrey
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Although understandable on the facts, this decision suggests a more conservative approach to identifying which employees are ‘affected’ employees for the purposes of the employer’s duty to inform and consult under Reg 13 in the context of insolvency. In this case … Continue reading
May 29, 2013
by Jeffrey
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This case usefully illustrates the approach to be taken in the assessment of awards for breaches of Regs 13 and 14 (information and consultation and election of representatives). As is well-known, the award is punitive and the starting point is 13 … Continue reading