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25 June 2014 0 Comments
Posted in Employment, Opinion

No claim against transferee for providing misleading information

Author headshot image Posted by , Partner

In Allen and others v Morrisons Facilities Services Limited, the EAT has held that transferring employees cannot bring a claim against a transferee for its failure to provide the transferor with sufficient information regarding measures which it envisages taking post transfer unless the employees have a valid claim against the transferor for breach of the transferor’s obligations to inform and consult and the transferor has joined in the transferee to the proceedings as part of its defence to the claim. In this case, the Claimants had already either withdrawn or settled their claims against the transferor so they had no recourse against the transferee.

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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