(some) TUPE Themes since 2006

1. INFORMATION AND CONSULTATION

WHICH EMPLOYEES ARE AFFECTED?

UNISON v Somerset County Council and others [2010] IRLR 207, EAT per Bean J at para 21

We conclude that the “affected employees” are those who will be or may be transferred or whose jobs are in jeopardy by reason of the proposed transfer, or who have job applications within the organisation pending at the time of transfer. We do not think that the definition extends to the whole of the workforce, nor to everyone in the workforce who might apply for a vacancy in the part transferred at some point in the future….