Russell v. Bacon's College & Anor [2000] EAT 98_99_2803 (28 March 2000)

Russell v. Bacon's College & Anor [2000] EAT 98_99_2803 (28 March 2000)

The employer breached the Regulations by failing to inform the appellant or invite election of employee representatives; the Regulations require informing employees directly if no representatives exist.

Source-derived case information.

Citation
[2000] EAT 98_99_2803
Parties
Appellant: Mr Russell; Respondent: First Respondent (transferor); Respondent: Second Respondent (transferee)
Jurisdiction
United Kingdom
Judgment Date
28 March 2000
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
appeal allowed
Legal Topics
Transfer of Undertakings, Employee Information Rights, Implementation of EU Directives
Employment Law Transfer of Undertakings Employee Information Rights Implementation of EU Directives

Source-derived case record

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Parties

Mr Russell

Appellant

First Respondent (transferor)

Respondent

Second Respondent (transferee)

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the employer breached the duty to inform under the Transfer of Undertakings (Protection of Employment) Regulations 1981 when no employee representative was appointed
  2. 2 Whether there is a lacuna in the Regulations regarding informing employees directly

Ratio Decidendi

The employer breached the Regulations by failing to inform the appellant or invite election of employee representatives; the Regulations require informing employees directly if no representatives exist.

Court Disposition

appeal allowed

Orders

  • First Respondent to pay £277 compensation to the appellant
  • Appeal withdrawn against Second Respondent