Moyer-Lee and others v Cofely Workplace Ltd UKEAT/0058/15; (2015) EMPLR 046
Employment Appeal Tribunal (EAT)
The Information and Consultation Regulations 2004 entitle employees to request an agreement for information and consultation. Once a valid request is made, the employer must follow a prescribed procedure, which can lead to an information and consultation agreement if the request is supported in a ballot. To be valid, the request must be made by at least 10% of the employees in the ‘undertaking’. ‘Undertaking’ means the employer as a whole - not just one group of employees.
Cofely had 210 employees working on a contract to provide facility management services but had 9,200 employees overall. 28 employees (about 13%) working on that contract made a request for an information and consultation agreement. The Central Arbitration Committee held that this was not a valid request since it was not made by at least 10% of the 9,200 employees of Cofely. The employees appealed to the EAT arguing that ‘undertaking’ could refer to a sub-group of employees employed at one workplace or ‘establishment’. The EAT disagreed, saying that ‘undertaking’ here meant the employer as a whole.
Law and Practice
The status of employment rights on the transfer of an undertaking is an extremely complex area of...