In Todd v Strain and others the Employment Appeal Tribunal has held that staff at a care home should have been consulted on changes to pay arrangements following a TUPE transfer but it has decided that the original award should be reduced.
The EAT agreed that the previous owner of the company had failed to consult staff on relevant measures involved in the transfer, including a change to their pay date. Staff working there found out about the transfer at a meeting which was only attended by one third of the workforce. Employees were given little to no information other than a promise that their 'jobs would be safe' other changes were not communicated.
The original ruling which awarded 13 weeks pay to staff was overturned by the EAT and the award was reduced to 7 weeks pay.
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