THE FACTS
Ms Bradburn and her colleagues, the claimants in this case, had
been employed by Mears Homecare Ltd until their employment
transferred to two other employers under TUPE. They served
"production notices" on Mears Homecare under the national
minimum wage legislation requesting information about their pay
relating to the period before their employment transferred. Mears
Homecare failed to respond on time and the employees brought
tribunal claims under the national minimum wage legislation for a
declaration and award. Mears Homecare was ordered to pay the
claimants £600, which was 80 times the current hourly rate
for the national minimum wage.
Mears Homecare appealed and the EAT upheld the appeal. It held
that Mears Homecare, as transferor, was not the appropriate
recipient of the production notices. The transferees, who had
stepped into the shoes of Mears Homecare when the employees'
employment transferred, were the employers for the purposes of
national
