The full text of this judgment is available free of charge on the BAILII website.
Representation:
Mr Chris Quinn instructed by Messrs Olswang LLP, Solicitors, 90 High Holborn, London WC1V 6XX for the Nationwide Building Society, the appellant.
Mr Anthony Korn instructed by Messrs Irwin Mitchell, Solicitors, Imperial House, 31 Temple Street, Birmingham B2 5DB for Mr Nicholas Benn and 16 others
Other respondents appeared in person and represented themselves.
Authority for the propositions that:-
- an employer's defence to an unfair dismissal claim under TUPE based on the fact that changes to employment terms were made for an "economic, technical or organisational reason entailing changes in the workforce" does not require that the organisational reason must entail changes in the entirety of the workforce;
- where there are duly appointed employee representatives of employees and the employer has failed to inform and consult them when required to do so by the Transfer of Undertakings (Protection of Employment) Regulations 2006 it is only those representatives (not individual employees) who can bring claims against the employer.
For relevant general notes see Transfer of business or undertaking/economic, technical or organisational defence and/or Transfer of business or undertaking/consultation/basic position .
FINISH>
prepared July2010