The TUPE regulations place an onus on outgoing employers to fulfill its duties to inform and consult its employees during a relevant transfer.
In Holden v Spice Valley Restaurants Ltd and others, the employer, a restaurant, went into administration. Spice Valley later opened at a different location but failed to transfer the Claimant, a cleaner with 12 years' service, to the new restaurant.
The parties accepted that TUPE applied. Although the employer provided evidence (which the Tribunal did not believe in any event) that it had asked the Claimant to sign a document which provided information on a change in employer, the Claimant was awarded the maximum award available (13 weeks' gross pay).
Having advised a similar matter myself, it is clear that some mistakes are easily avoided upon receipt of good legal advice. Many businesses wait until it's too late to speak to a lawyer.
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