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Limits on TUPE consultation

UCATT vs Amicus

EAT/0007/08

Key facts

Council employees transferred under TUPE to a new employer argued that the new employer had a duty to consult over any changes to terms and conditions post-transfer.

Decision

The EAT agreed with an earlier tribunal that the duty to consult stops on the date of the transfer.

Our view

This is good news. The alternative judgement would have given an almost open-ended consultation obligation if changes could have been construed as transfer related.