25th April, 2014

Assunta Del Priore acts for successful employees in TUPE appeal.

The Employment Appeal Tribunal has upheld a decision of a tribunal sitting in Liverpool that employees had transferred under TUPE to a parent company following a share purchase by one of its subsidiary companies: Jackson Lloyd Limited and Mears Group plc v. Smith and Others UKEAT/0127/13. The Tribunal had been entitled to find that a TUPE transfer had been triggered in circumstances where MG had, on the facts, begun operating JL’s business following and in the context of the purchase of 100% of JL’s shares by its subsidiary.

The EAT also upheld the Tribunal’s decision that the employees had been entitled to bring claims for failure to inform and consult in their own names because there were no employee representatives in place at JL within the meaning of Regulation 13 (3)(b)(i) of TUPE.



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