Enterprise Liverpool Ltd v Jonas & ors - a "failure to consult" claim under TUPE can only be brought by the union if a recognised union is involved
The background to this case was a series of TUPE transfers of workers on Liverpool Council housing stock. All were transferred from Enterprise Liverpool Ltd (ELL) to Brammall Construction Ltd (BCL) and Cameron Ltd. The workers were represented by trade unions UCATT and Unite, and brought claims, in their individual names, against ELL alleging a failure to consult under TUPE 2006 Regs 13 & 14.
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