Royal Mail Group Ltd v Communication Workers Union [2008] UKEAT 0338_08_0212 (2 December 2008)

Royal Mail Group Ltd v Communication Workers Union [2008] UKEAT 0338_08_0212 (2 December 2008)

The Employment Appeal Tribunal held that the Employment Tribunal's conclusion—that Royal Mail Group Ltd did not genuinely believe its stance on automatic transfer under TUPE and failed to provide required information and consultation—was not a legitimate conclusion in the circumstances. The Tribunal's analysis was...

Source-derived case information.

Citation
[2008] UKEAT 0338_08_0212
Parties
Appellant: Royal Mail Group Ltd; Respondent: Communication Workers Union
Jurisdiction
United Kingdom
Judgment Date
02 December 2008
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Decision
Outcome
Appeal upheld; case remitted to a fresh Tribunal.
Legal Topics
Transfer of Undertakings, Consultation Obligations, TUPE Regulations, Redundancy, Collective Bargaining
Employment Law Transfer of Undertakings Consultation Obligations TUPE Regulations Redundancy Collective Bargaining

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Summary, issues, holding and outcome

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Parties

Royal Mail Group Ltd

Appellant

Communication Workers Union

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether Royal Mail Group Ltd breached its duty to inform and consult under regulation 13 of TUPE 2006
  2. 2 Proper construction and application of regulation 4 of TUPE 2006 regarding automatic transfer of employees
  3. 3 Genuine belief requirement for employer's information under regulation 13

Ratio Decidendi

The Employment Appeal Tribunal held that the Employment Tribunal's conclusion—that Royal Mail Group Ltd did not genuinely believe its stance on automatic transfer under TUPE and failed to provide required information and consultation—was not a legitimate conclusion in the circumstances. The Tribunal's analysis was undermined by lack of clarity on key legal questions and findings. The appeal was upheld and the case remitted to a fresh Tribunal for reconsideration of breaches under regulation 13.

Court Disposition

Appeal upheld; case remitted to a fresh Tribunal.

Orders

  • Declaration of non-compliance with regulation 13 set aside.
  • Remitted for determination of breaches and remedies by new Tribunal.