Case - I Lab Facilities Ltd v. Metcalfe and ors

UKEAT/0224/12, Employment Appeal Tribunal - Simon Cheetham QC
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The EAT has held that a claim for a failure to inform and consult cannot be brought in respect of a transfer that does not proceed. Where an insolvent company transferred part of its business and closed the other part, the employees of the closed part were not ‘affected employees’ of the transfer and so were not entitled to be informed and consulted under the TUPE Regulations.

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