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TUPE: The duty to inform and consult

06 June 2014  

Richie Alder and Anna Scott consider the impact of Allen v Morrisons Facilities Services and of the new pre-transfer consultation regime

Can employees bring a direct claim against an employer to which they have transferred (the transferee) for failure to provide information to their previous employer (the transferor)? This was the issue which the Employment Appeal Tribunal (EAT) had to determine in the recent case of Allen v Morrisons Facilities Services Ltd [2014]. The tribunal had held that it was bound by an unreported EAT decision (Mitie Group v Mullineaux [2005]) to hold that the claim must be made against the transferor. However, it said that, free from authority, it would have decided that a claim could be brought against the transferee. This was on the basis that, where the transferor has passed on the limited information given by the transferee, but the transferee fails to pass on full information, ‘the former employees of the transferor have no redress’.

Additional Info

  • Case(s) Referenced:

    Allen & ors v Morrisons Facilities Services Ltd [2014] UKEAT/0298/13

    Mitie Group v Mrs S C Mullineaux [2005] UKEAT/0708/04

Last modified on 09 July 2014