Royal Mail Group Ltd v Communication Workers Union

Royal Mail Group Ltd v Communication Workers Union

The employer's obligation under regulation 13(2)(b) of TUPE 2006 is to inform employee representatives of what it genuinely believes to be the legal, economic, and social implications of the transfer. The obligation does not require the employer to warrant the accuracy of the information provided; a genuine, considered belief suffices, even if ultimately mistaken.

Parties
Respondent: Royal Mail Group Ltd; Appellant: Communication Workers Union
Jurisdiction
England and Wales
Judgment Date
14 October 2009
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Transfer of Undertakings, TUPE Regulations, Information and Consultation Obligations, Automatic Transfer of Employment Contracts
Employment Law Labour Law European Union Law Transfer of Undertakings TUPE Regulations Information and Consultation Obligations Automatic Transfer of Employment Contracts

Case Brief

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Parties

Royal Mail Group Ltd

Respondent

Communication Workers Union

Appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Scope and nature of the statutory obligation under regulation 13(2)(b) of TUPE 2006 to inform and consult employee representatives about the legal, economic and social implications of a transfer
  2. 2 Whether the obligation requires accurate information or is satisfied by the employer's genuine belief

Ratio Decidendi

The employer's obligation under regulation 13(2)(b) of TUPE 2006 is to inform employee representatives of what it genuinely believes to be the legal, economic, and social implications of the transfer. The obligation does not require the employer to warrant the accuracy of the information provided; a genuine, considered belief suffices, even if ultimately mistaken.

Court Disposition

Appeal dismissed

Orders

  • The appeal by CWU is dismissed.