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Calculation of protective award under TUPE
In London Borough of Barnet v Unison and another, the EAT has held that the Tribunal was wrong in the approach it took to calculating protective awards arising from an employer’s failure to provide union representatives with comprehensive information about its agency workers during redundancy and a TUPE consultation. The Tribunal had wrongly identified the starting point as being the top end of the protective award, namely 13 weeks. The EAT, following the decision in Suzie Radin Limited v GMB and others, set aside the awards of 60, 50, and 40 days for different groups of affected employees and remitted the question of the level of the award back to the original Tribunal. The Suzie Radin case stated that the starting point should be the maximum only in circumstances where the employer has done absolutely nothing to comply with the obligations under TUPE, and not automatically applied where employers have carried out some form of consultation.
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222
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