McCann v Vector Facilities Management Wallace Contracts (NI) Ltd Vector Facilities Management Wallace Contracts (NI) Limited [2012] NIIT 01248_11IT (16 February 2012)

Leave to amend claim forms to include information and consultation claims against Wallace Contracts (NI) Ltd was refused because the transferee has no obligation to consult with employees of the transferor during the pre-transfer phase, and claimants are not practically disadvantaged due to joint and several liability provisions.

Citation: [2012] NIIT 01248
Parties: Claimant: John Gerard McCann; Claimant: Jonathan McCann; Respondent: Vector Facilities Management; Respondent: Wallace Contracts (NI) Ltd
Jurisdiction: Northern Ireland
Judgment Date: 16 February 2012
Procedural Posture: Industrial Tribunal / Pre Hearing Review on Leave to Amend Claim Form
Outcome: Applications for leave to amend claim forms against Wallace Contracts (NI) Ltd refused.
Legal Topics: Transfer of Undertakings, Information and Consultation Duties, Service Provision Change

Employment Law Transfer of Undertakings Information and Consultation Duties Service Provision Change

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Parties

John Gerard McCann

Claimant

Jonathan McCann

Claimant

Vector Facilities Management

Respondent

Wallace Contracts (NI) Ltd

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review on Leave to Amend Claim Form

Legal Issues

1 Whether claimants may amend claim forms to include claims against Wallace Contracts (NI) Ltd for alleged failures to comply with information and consultation duties under TUPER and SPCR

Ratio Decidendi

Court Disposition

Applications for leave to amend claim forms against Wallace Contracts (NI) Ltd refused.