Posted by Gemma Ospedale, Partner
On 1 September 2016 Withy King LLP merged with Royds LLP. The trading name for the merged firm is Royds Withy King. All content produced prior to this date will remain in the name of the firms pre-merger.
No claim against transferee for providing misleading information
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 In this case, the Claimants had already either withdrawn or settled their claims against the transferor so they had no recourse against the transferee.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.
It pays to employ the right employment solicitor