LRD guides and handbook February 2014

TUPE - a guide to using the law for union reps

Chapter 4

Is there an obligation to consult under TUPE even if the transfer does not go ahead?

[ch 4: page 38]

No. In I LAB Facilities Limited v Metcalfe [2013] UKEAT/0224/12/RN, the EAT confirmed that where a transfer is planned but then abandoned, there is no duty to consult under TUPE, even if staff have changed their position in response to earlier promises that there will be a transfer. There is a separate duty to consult under TULRCA on any collective redundancies that may result from transfer plans being abandoned.