FAQs

All items: Information and consultation

Does the duty to inform and consult employees prior to a TUPE transfer apply to small businesses?

Updated to reflect that the exemption from the requirement to elect representatives is extended for transfers on or after 1 July 2024.
Who has to be informed and consulted on a TUPE transfer?

Updated to reflect that the exemption from the requirement to elect representatives is extended to small businesses and transfers of fewer than 10 employees, for transfers on or after 1 July 2024.
Where only a few employees will transfer to a new employer under TUPE, does the obligation to inform and consult still apply?

Updated to reflect that the exemption from the requirement to elect representatives is extended to small businesses and transfers of fewer than 10 employees, for transfers on or after 1 July 2024.
Do the same duties apply under TUPE in a second-generation outsourcing situation?
In a TUPE situation, must the transferee consult the employees who will be transferring to it?
In a TUPE situation, can pre-transfer consultation by the transferee count for the purposes of collective redundancy consultation?
What is the time frame for electing employee representatives for informing and consulting on a TUPE transfer?
How many employee representatives are necessary for informing and consulting on a TUPE transfer?
What should the employer do where an employee representative for informing and consulting on a TUPE transfer ceases to act as such?
Can an employer place restrictions on who can stand as a candidate in elections for informing and consulting on a TUPE transfer?

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About this category

Frequently asked questions and answers on informing and consulting prior to TUPE transfers.