TUPE consultation warning - Employment Law_Anderson_Solicitors

Employers are obliged to consult with the workforce over any measures that may be taken arising out a forthcoming TUPE transfer. Compensation for failure to do this is paid by the new employer (although under the new TUPE regulations, the new employer will be able to recover much of the compensation from the old employer).Under the rules, there is a maximum award of 13 weeks’ pay per affected employee. The Employment Appeal Tribunal has ruled, in Sweetin v Coral Racing, that the 13 weeks’ pay should be awarded to each employee as standard (in respect of failure to consult), unless there are mitigating circumstances. This evidences the courts determination to ensure that employers comply with the spirit and letter of the consultation legislation.

Email : Andersons Solicitors