GMB and others v HC-One Ltd and ADL Liverpool Ltd (England and Wales : Protective Award : Transfer of Undertakings : Unfair Dismissal) [2017] UKET 2401905/2016 (7 March 2017)
The Tribunal found that the respondents failed to comply with their statutory obligations to consult under TUPE and that the claimants were entitled to a protective award.
- Citation
- [2017] UKET 2401905/2016
- Parties
- Claimant: GMB and others; Respondent: HC-One Ltd; Respondent: ADL Liverpool Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 07 March 2017
- Procedural Posture
- Employment Tribunal / Judgment
- Outcome
- Protective award granted in favour of the claimants
- Legal Topics
- Protective Award, Transfer of Undertakings, Unfair Dismissal
Case Brief
Summary, issues, holding and outcome
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Parties
GMB and others
Claimant
HC-One Ltd
Respondent
ADL Liverpool Ltd
Respondent
Procedural Posture
Employment Tribunal / Judgment
Legal Issues
- 1 Whether the respondents failed to comply with their obligations to consult under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)
- 2 Whether the claimants are entitled to a protective award for failure to consult
- 3 Whether the dismissals were unfair
Ratio Decidendi
The Tribunal found that the respondents failed to comply with their statutory obligations to consult under TUPE and that the claimants were entitled to a protective award.
Court Disposition
Protective award granted in favour of the claimants
Orders
- Respondents to pay a protective award to the claimants
Full Case Text
Judgment text and source record
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