GMB Trade Union v Roehampton University and Apleona HSG Ltd (England and Wales : Transfer of Undertakings) [2020] UKET 2300141/2019 (30 January 2020)

GMB Trade Union v Roehampton University and Apleona HSG Ltd (England and Wales : Transfer of Undertakings) [2020] UKET 2300141/2019 (30 January 2020)

The Tribunal held that while collective bargaining agreements may transfer under TUPE, statutory trade union recognition does not automatically transfer to the new employer unless the statutory process is followed.

Citation
[2020] UKET 2300141/2019
Parties
Claimant: GMB Trade Union; Respondent: Roehampton University; Respondent: Apleona HSG Ltd
Jurisdiction
United Kingdom
Judgment Date
30 January 2020
Procedural Posture
Employment Tribunal / Final Judgment
Outcome
Claim dismissed
Legal Topics
Transfer of Undertakings, TUPE, Collective Bargaining, Trade Union Recognition
Employment Law Transfer of Undertakings TUPE Collective Bargaining Trade Union Recognition

Case Brief

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Parties

GMB Trade Union

Claimant

Roehampton University

Respondent

Apleona HSG Ltd

Respondent

Procedural Posture

Employment Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the transfer of undertaking under TUPE affected trade union recognition and collective bargaining rights

Ratio Decidendi

The Tribunal held that while collective bargaining agreements may transfer under TUPE, statutory trade union recognition does not automatically transfer to the new employer unless the statutory process is followed.

Court Disposition

Claim dismissed

Orders

  • No order for trade union recognition against Apleona HSG Ltd
  • No order for continuation of collective bargaining agreement