Failure to consult

Case 1: The facts

When the cleaning contract she managed was transferred from Rentokil to MITIE, Mrs Mullineaux decided not to transfer with it. She brought a claim against MITIE for a failure to inform and consult her about the transfer.

The ruling

The Employment Appeal Tribunal held that a claim for a failure to inform and consult must be brought against the transferor (see "The basic legal rules" for a definition). The transferee must provide information to the transferor so that it can fulfil that duty, and the transferee can also be joined as a respondent in a claim, but it has no liability for a freestanding claim.

Mrs Mullineaux's claim could not proceed because she should have brought it against Rentokil.

MITIE Group v Mullineaux UKEAT/0708/04