Allen v Morrisons Facilities Services Limited

Slade J held that TUPE does not provide a transferred employee with an independent cause of action against the transferee Respondent in respect of an alleged failure to comply with the regulation 13(4) obligation to provide information to the transferor to enable the transferor to comply with its regulation 13(2)(d) to inform its employees as to the measures which it (the transferor) envisages the transferee will take in relation to affected employees who transfer.

The full judgment is available here: http://www.employmentappeals.gov.uk/Public/Upload/13_0298rjfhCTDM.doc

Diya Sen Gupta acted on behalf of the successful Respondent in the EAT.