Shields Automotive Ltd v Langdon and Brolly  UKEAT/0059/12/BI
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionTransfer of Undertaking (TUPE)
This appeal concerned the transfer of a Toyota dealership and franchise. The employer attempted to comply with the requirements for consultation and information, as per regs. 13 & 14 of TUPE 2006. It arranged employee elections, so as to elect two appropriate representatives. The aforementioned elections were held over the course of one afternoon, during a three-hour period. Mr Langdon was absent and therefore unable to exercise his right to vote; however, the employer did not propose an alternative date. The votes demonstrated one clear winner, with two other employees tied for second
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