Royal Mail are not just in the public eye because of strikes. Judgment in Royal Mail Group vCWU was handed down by the Court of Appeal this month. The case involved a number of Post Offices moving to WHSmith stores, triggering the application of the TUPE Regulations.
The Court of Appeal held that a Transferor’s obligation to provide information about the legal implications of the transfer under TUPE is not to warrant the accuracy of the information about the legal implications of the transfer that it provides. As long as the Transferor believes the information it has provided is correct, that is sufficient to comply with its TUPE obligations, even if the information turns out to be wrong.