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| Royal Mail Group v CWU - 11 Dec '09 by Jonathan Compton 11/01/10 |
| This case involves the Transfer of Undertakings, Protection of Employment Regulations 2006. As you may be aware, this masterpiece of legislation brought in by the current Labour government puts selling employers under an obligation to inform appropriate representatives of any affected employees as to the legal economic and social implications of the transfer. The Communication Workers Union ("CWU") were successful in obtaining a decision from the Employment Tribunal that the employers had failed to comply with the obligations to inform and consult. The Court of Appeal disagreed. They agreed with Royal Mail's case that "Where an employer genuinely believes that no transfer will take place", then the "selling" business will not be held to be in breach of the obligations to inform etc. in the event that the belief subsequently turns out to be mistaken and the transfer is then effected. The problem is, with TUPE, it that it is not a masterpiece of drafting. The query, "what is genuine belief" in the mind of the selling employer. For more details or information on the above, please contact Jonathan Compton at Awb Partnership on 01483 467422. |