TUPE transfers - information and consultation

Laura Merrylees Editor's message: Employers are under a duty to inform, and potentially to consult, with appropriate representatives, or with employees directly (dependant on the circumstances), about a business transfer.

The information that transferors are required to provide under TUPE is comprehensive. It includes data related not only to the timing and reasons for the transfer but also information that can be harder to define, including the "legal, economic and social implications" of the transfer.

Beyond the provision of information, a transferor may be required to consult with representatives, or employees directly, if it proposes taking any "measures" in connection with affected employees.

Meeting your legal obligation to inform and consult under TUPE is clearly important. However, taking a broader and more purposive view, engaging in meaningful consultation around a TUPE transfer can offer many benefits to your organisation. At an unsettling and disruptive time, it can help to bring employees on board in the transfer process and to engage in the opportunities that the transfer creates.

Laura Merrylees, senior employment law editor

New and updated

Type:

Employment law guide

Informing and consulting prior to TUPE transfers

Updated to reflect proposed reforms to the threshold for collective consultation under the Employment Rights Bill and the Government's intention to launch a call for evidence to examine issues relating to TUPE regulations.
Date:

2 October 2024

Type:

Commentary and insights

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As an HR leader you sit at the centre of M&A integration. This is an opportunity to drive real business change - executing a plan based on your business' goals positions you for integration and deal success. Steve Allan sets out the seven questions you need to be asking to prepare for success.
Type:

FAQs

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.
Type:

How to

How to arrange the election of employee representatives for informing and consulting on a TUPE transfer

Updated to reflect the extension of the exemption from the requirement to hold elections, for transfers taking place on or after 1 July 2024.
Type:

Leading practice guides

Managing TUPE: Information and consultation

Updated to reflect that the exemption from the requirement to elect employee representatives extends to small businesses and small transfers, for transfers on or after 1 July 2024.
Type:

Training

TUPE transfers - line manager training

Updated to reflect that the exemption from the requirement to elect employee representatives extends to small businesses and small transfers, for transfers on or after 1 July 2024.
Type:

Legal timetable

Direct TUPE consultation for small businesses and where fewer than 10 employees transfer

Updated to reflect that the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 came into force on 1 January 2024.
Type:

FAQs

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.
Type:

FAQs

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.
Type:

Leading practice guides

Managing TUPE: The benefits of observing leading practice

Enhanced by creating four separate guides on managing the TUPE transfer process, to help you find the guidance you need. This guide focuses on the benefits of observing leading practice during TUPE.

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Topics

TUPE transfers - information and consultation

New and updated

Informing and consulting prior to TUPE transfers

M&A integration planning - seven key questions for HR leaders to ask

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

How to arrange the election of employee representatives for informing and consulting on a TUPE transfer

Managing TUPE: Information and consultation

TUPE transfers - line manager training

Direct TUPE consultation for small businesses and where fewer than 10 employees transfer

Who has to be informed and consulted on a TUPE transfer?

Where only a few employees will transfer to a new employer under TUPE, does the obligation to inform and consult still apply?

Managing TUPE: The benefits of observing leading practice

About this topic

TUPE transfers - information and consultation: key resources

Employment law guide: Informing and consulting prior to TUPE transfers

What happens if the transferor or transferee fails to consult or inform adequately on a TUPE transfer?

Leading practice guide: Managing the TUPE transfer process

Training: TUPE transfers

Letter from transferor informing employee representatives or affected employees about transfer and proposed measures