Cable Realisations Ltd v GMB Northern [2009] UKEAT 0538_08_2910 (29 October 2009)

Cable Realisations Ltd v GMB Northern [2009] UKEAT 0538_08_2910 (29 October 2009)

Cable failed to inform the union long enough before the transfer to enable meaningful consultation, as required by Regulation 13(2) TUPE 2006. The factory shutdown meant union representatives and members were unavailable, rendering the timing insufficient. The Employment Tribunal's award of 3 weeks pay per affected employee was appropriate given partial compliance and absence of mandatory consultation.

Citation
[2009] UKEAT 0538_08_2910
Parties
Claimant: GMB Northern (the Union); Respondent: AEI Cables Limited; Respondent: Cable Realisations Limited
Jurisdiction
United Kingdom
Judgment Date
29 October 2009
Procedural Posture
Employment Appeal / Appeal and Cross Appeal Against Employment Tribunal Judgment
Outcome
Appeal and cross-appeal dismissed; Employment Tribunal judgment affirmed.
Legal Topics
Transfer of Undertakings, Consultation Obligations, TUPE Regulations, Protective Awards
Employment Law Transfer of Undertakings Consultation Obligations TUPE Regulations Protective Awards

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

GMB Northern (the Union)

Claimant

AEI Cables Limited

Respondent

Cable Realisations Limited

Respondent

Procedural Posture

Employment Appeal / Appeal and Cross Appeal Against Employment Tribunal Judgment

Legal Issues

  1. 1 Whether Cable Realisations Limited breached Regulation 13(2) TUPE 2006 by failing to inform the union long enough before the transfer to enable consultation
  2. 2 Whether the timing of information provision was sufficient given the factory shutdown
  3. 3 Quantum of award for failure to consult

Ratio Decidendi

Cable failed to inform the union long enough before the transfer to enable meaningful consultation, as required by Regulation 13(2) TUPE 2006. The factory shutdown meant union representatives and members were unavailable, rendering the timing insufficient. The Employment Tribunal's award of 3 weeks pay per affected employee was appropriate given partial compliance and absence of mandatory consultation.

Court Disposition

Appeal and cross-appeal dismissed; Employment Tribunal judgment affirmed.

Orders

  • Employment Tribunal's declaration and award of 3 weeks wages per affected union member upheld.
  • No change to quantum of award.