A model policy to set out the procedure for the election of employee representatives for informing and consulting on a TUPE transfer. The policy covers: timescales for consultation; nomination of employee representatives; election of employee representatives; and the role of elected representatives.
The European Court of Justice has held that "pre-pack" administration, which is designed to facilitate the sale of a business as a going concern in the event of insolvency, may not prevent employees from having TUPE rights.
A recent legal ruling shows that sound judgment is needed during TUPE service provision changes to decide whether or not the activities carried out afterwards are "fundamentally the same" as before. Dr John McMullen advises on the ruling.