Informing and consulting prior to TUPE transfers

Updating author: Katie Wooller

Summary

• There is an obligation to inform and, in some circumstances, consult with employee representatives about a transfer of an undertaking. (See The obligation to inform and The obligation to consult)
• Employers must consult union representatives or elected employee representatives of affected employees. (See Appropriate representatives)
• Eligible businesses may inform and consult directly with affected employees. (See Variation to the duty to inform and consult where no appropriate representatives)
• Failure to inform or consult properly will generate liability for a protective award. (See Failure to inform and consult in relation to a transfer)
• A transferee that is proposing 20 or more redundancies within 90 days or less may start pre-transfer collective redundancy consultation provided that certain conditions are met. (See Pre-transfer consultation and collective redundancies)
• Following a transfer, relevant aspects of collective agreements will remain in force in respect of transferring employees' contracts of employment. (See Collective bargaining)