Falling between two stools — employees could not bring claims against transferee over failure to provide TUPE information

Allen v Morrisons Facilities Services Ltd involved the transfer of several hundred employees as part of a large-scale change of service providers of the council’s housing maintenance services. The issue for the Employment Appeal Tribunal (EAT) was whether transferring employees could bring claims for a protective award against the transferee employers on the basis that they had failed to provide information to the transferor employers in accordance with the requirements of the TUPE regulations.

Employees can only bring a complaint about a failure to inform and consult against their employer at the time of the alleged breach — in this case, the transferor not the transferee…

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