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Sweetin v Coral Racing - compensation for failure to consult as required by TUPE [2005] EAT

EAT says compensation for failure to consult as required by TUPE reg 10 is NOT compensation for loss (notwithstanding that it is called "compensation" in reg10). Rather it is punitive and is meant to be a deterrent (see para 36 of the judgment). Therefore unless there are mitigating factors (and there were none in this case), the award made under reg 11 should be the maximum 13 weeks' pay.

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