No need to consult workers who are not transferred
Where there is a relevant transfer under TUPE, a transferor is obliged to inform and, in certain circumstances, consult with appropriate representatives of ‘affected employees’. Failure to do so can result in claims for protective award of up to 13 weeks’ pay per affected employee.
Determining who is an affected employee is therefore important in determining both the employees in relation to who has a duty to inform prior to a TUPE transfer and the potential size of any protective award.
The definition of ‘affected employee’ found in regulation 13(1) of TUPE refers to employees affected by the transfer or the measures taken in connection with it. In an attempt to flesh this out, previous case law said that affected employees can be those who will be or may be transferred, those whose jobs are in jeopardy by reason of the transfer itself, or who have job applications pending at the time of the transfer…
If you are registered and logged in to the site, click on the link below to read the rest of the Mills & Reeve briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from The Lawyer
Analysis from The Lawyer
The trend for unbundling legal work is advancing through the law firm ranks but there is still resistance in some quarters - namely in-house. We asked why