Redundancy and TUPE protective awards have been made against the employer in this case following a failure to inform and consult with the trade union. It should be noted that it is a Tribunal and not an EAT decision, but it is timely as it deals with the new requirement to disclose “suitable agency information” during TUPE and collective redundancy consultation processes. Specifically, employers are now required to disclose the number of agency workers working for the employer, the parts of the undertaking in which they are working and the type of work they are carrying out.
The Tribunal awarded a 60 day award in relation to the worst failure and cited a number of reasons for so doing, including that: the information was relatively easy to produce, the union requested the information and the information was central to the consultation process (there was a commitment to ensure that “agency workers are displaced wherever practical to “save” an employee”). Employers not aware of the need to disclose agency information should ensure that their systems and processes are capable of providing all three elements of the information accurately and without undue delay.