Remedies

Case 3: The facts

Mr and Mrs Mansi were employed in a public house. The pub owner decided to sell the business. The Mansis were told by their employer that they would not be required as they would be replaced by family members of the new owners. A tribunal found that there had been a failure to consult with them as required under TUPE. However, it did not award compensation for that failure.

The ruling

The EAT held that Regulation 11(4) of TUPE, while imposing an obligation on tribunals to make a declaration to that effect if they find that there has been a failure to consult, places no similar obligation to award compensation. The regulation says that the tribunal "must" make a declaration but only that it "may" make an award.

* Mansi and Mansi v Warne and Straw EAT/853/02