In a significant decision, trucking company, Stobart, has been ordered to compensate eighteen SIPTU members who were denied their rights when they transferred their employment from the food distributor Keelings in October 2010.

The Employment Appeals Tribunal (EAT) reversed an earlier Rights Commissioner decision which found against the union when it unsuccessfully argued the workers were entitled under Transfer of Undertakings legislation to the same terms and conditions of employment as they enjoyed with Keelings.

The EAT determination set aside the Rights Commissioner finding of late 2011 and has now ordered that a Transfer of Undertakings did take place after all. This means the eighteen members have to be compensated for any losses arising out of Stobart’s non-adherence to their terms and conditions of employment and the Collective Agreement since they took over in late 2010.