I Lab Facilities Ltd v Metcalfe & Ors (Transfer Of Undertakings : Consultation : affected employees) [2013] UKEAT 0224_12_2504 (25 April 2013)

I Lab Facilities Ltd v Metcalfe & Ors (Transfer Of Undertakings : Consultation : affected employees) [2013] UKEAT 0224_12_2504 (25 April 2013)

Employees not assigned to the transferred part of the undertaking are not 'affected employees' under regulation 13 of TUPE in respect of that transfer. No obligation to inform and consult arises for employees excluded from the transfer, and no claim can be brought for breach of consultation obligations where the transfer did not proceed.

Citation
[2013] UKEAT 0224_12_2504
Parties
Appellant: I Lab Facilities Ltd (ILF); First Respondent: James Goldman; Second Respondent: RKT Post Production Ltd; Third Respondent: Ticketlamp Ltd; Fourth Respondent: I Lab (UK) Ltd (ILUK)
Jurisdiction
United Kingdom
Judgment Date
25 April 2013
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
appeal allowed; claim dismissed
Legal Topics
Transfer of Undertakings, Information and Consultation Obligations, Joint Liability, Affected Employees, TUPE Regulations
Employment Law Insolvency Law Transfer of Undertakings Information and Consultation Obligations Joint Liability Affected Employees TUPE Regulations

Case Brief

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Parties

I Lab Facilities Ltd (ILF)

Appellant

James Goldman

First Respondent

RKT Post Production Ltd

Second Respondent

Ticketlamp Ltd

Third Respondent

I Lab (UK) Ltd (ILUK)

Fourth Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether employees not assigned to the transferred part of an undertaking are 'affected employees' under TUPE regulation 13
  2. 2 Whether an obligation to inform and consult arises in respect of employees excluded from a transfer
  3. 3 Whether a claim can be brought for breach of consultation obligations where the transfer did not proceed

Ratio Decidendi

Employees not assigned to the transferred part of the undertaking are not 'affected employees' under regulation 13 of TUPE in respect of that transfer. No obligation to inform and consult arises for employees excluded from the transfer, and no claim can be brought for breach of consultation obligations where the transfer did not proceed.

Court Disposition

appeal allowed; claim dismissed

Orders

  • Appeal allowed
  • Claim under regulation 15 dismissed