I Lab Facilities Ltd v Metcalfe & Ors [2013] UKEAT 0224_12_2504

Posted In: Case Law
  • Case Reference
    UKEAT 0224_12_2504
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Transfer of Undertaking (TUPE)
Issues covered: Transfer of Undertaking; Consultation and other information

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 under regulation 15 of TUPE. The EAT held that the claimants were not “affected employees” by

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This article is correct at 03/05/2013

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