I Lab Facilities Ltd v Metcalfe & Ors  UKEAT 0224_12_2504
Case ReferenceUKEAT 0224_12_2504
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionTransfer of Undertaking (TUPE)
The EAT has ruled on who might be “affected employees” for the purposes of consultation under TUPE regulations. The case involved an insolvent company and there were plans to transfer both parts of the undertaking but eventually the liquidator transferred only one part, with the other part being closed down. Employees in the part that was closed down were dismissed and brought proceedings for, inter 54 alia, breach of the information and consultation obligations under regulation 13 of TUPE.
The claim was against the transferee as well as the employer by reason of the joint liability provision
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