TUPE consultation: 'affected' employees, and transfers that do not proceed (News, 21 May 2013)

Table of contents

• The impact of this case
• Relevant background law
• ET and EAT judgments

Article summary

Under TUPE 2006, a duty to inform and consult applies to any employer with employees who may be 'affected' by a transfer of an undertaking (or part of an undertaking) or 'measures' connected with it. An employee is not an ‘affected employee’ for these purposes simply by virtue of the fact that the transfer of an undertaking separate from the one in which he works results in the closure of the part of the business in which he is engaged. Also, there can be no complaint of a breach of the obligations to inform and consult if a proposed transfer which would have affected an employee never actually takes place. EAT: I Lab Facilities v Metcalfe.