TUPE round-up: Mr G Allen and Others v Morrisons Facilities Services Ltd; and more
In the case of Mr G Allen and Others v Morrisons Facilities Services Ltd, the EAT was asked to consider whether employees could bring a claim directly against a new employer to whom their employment had transferred under TUPE, in connection with a failure to inform and consult.
The EAT concluded that they could not.
It is well known that the transferee employer is obliged to provide the transferor with information relating to ‘measures’ it proposes to take in relation to the employees, as part of the consultation process. It is also well known that a transferee can also be jointly and severally liable for a transferor’s failure to inform and consult…
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