Blue Diamond Services Ltd v. McNeish & Ors [2003] UKEAT 1354_01_2005 (20 May 2003)

Liability for breach of the duty to consult under TUPE Regulation 10 transfers to the transferee under Regulation 5(2), as established by Alamo Group Europe Ltd v Tucker, resolving prior inconsistent decisions and aligning with the Directive's purposive construction.

Citation: [2003] UKEAT 1354_01_2005
Parties: Applicant: Mrs McNeish; First Respondent: Clock Tower Services Ltd; Second Respondent: Blue Diamond Services Ltd; Third Respondent: North West Leicestershire District Council
Jurisdiction: United Kingdom
Judgment Date: 20 May 2003
Procedural Posture: Employment Appeal / Appeal From Employment Tribunal Decision
Outcome: Appeal dismissed; Tribunal's decision affirmed.
Legal Topics: Transfer of Undertakings (tupe), Duty to Consult, Liability Transfer, Unfair Dismissal

Employment Law Transfer of Undertakings (tupe) Duty to Consult Liability Transfer Unfair Dismissal

Case Brief

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Parties

Mrs McNeish

Applicant

Clock Tower Services Ltd

First Respondent

Blue Diamond Services Ltd

Second Respondent

North West Leicestershire District Council

Third Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

1 Does liability for failure to consult under Regulation 10 of TUPE transfer from the transferor to the transferee under Regulation 5(2)?
2 Which party is liable for compensation for breach of consultation obligations in a TUPE transfer?

Ratio Decidendi

Court Disposition

Appeal dismissed; Tribunal's decision affirmed.

Orders

Liability for breach of consultation obligation under TUPE Regulation 10 rests with the transferee, not the transferor.
No further orders as the Tribunal's decision stands.