The Employment Appeal Tribunal (Lady Smith presiding) has handed down a starred judgment (i.e. a judgment of particular importance) dealing with compensation for failure to consult under TUPE.
It held that tribunals should adopt the same approach when assessing compensation for failure to consult under TUPE, as that adopted when assessing compensation for failure to consult under s188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (i.e. multiple redundancy consultation).
In other words, the Susie Radin principle applies, that the tribunal should award the maximum 13 weeks' pay as compensation for failure to consult unless there are mitigating circumstances justifying a departure from the maximum award.
Sweetin v Coral Racing
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