LIST OF CASES / Royal Mail Group Ltd v Communication Workers Union CA 2009

[2009] EWCA Civ 1045, Court of Appeal on 14th October 2009, reported at [2010] ICR 83 (also at [2009] IRLR 1046)

NOTES

Royal Mail Group Ltd v Communication Workers Union [2009] EWCA Civ 1045, Court of Appeal on 14th October 2009 reported at [2010] ICR 83 (also at [2009] IRLR 1046)

The full text of this judgment is available free of charge on the BAILII website.

Representation:

Mr Adrian Lynch QC and Ms Judy Stone instructed by Messrs CMS Cameron McKenna LLP, Solicitors, Mitre House, 160 Aldersgate Street, London, EC1A 4DD for the Royal Mail

David Reade Q.C, Mr Mohinderpal Seth and Ms Sarah Watson instructed by Messrs Simpson Millar LLP, Solicitors, 165 The Broadway, Wimbledon, London SW19 1NE for the Trade Union.

Authority for the proposition that:-

the "measures" about which an employer has a duty under the TUPE regulations to inform, and consult with, staff representatives in connection with a transfer of the employing business are measures which the employer actually proposes to take and their effect, not the measures it ought to be taking. The obligation is subjective: the employer must state what he honestly believes but does not have to warrant that his belief is correct.

For relevant general notes see Transfer of business or undertaking/consultation

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prepared October 2009