Shields Automotive Ltd v Langdon and Brolly [2013] UKEAT/0059/12/BI

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 place. The employer, itself, made an arbitrary decision as to which of the latter won second place. Mr