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

Implementation date: For transfers on or after 1 July 2024 

The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (SI 2023/1426) came into force on 1 January 2024.

The regulations amend the Transfer of Undertakings (Protection of Employment) Regulations 2006 so that the requirement to hold elections for employee representatives for TUPE consultation will be removed for small businesses and for transfers of fewer than 10 employees.

Where they do not already have employee representatives in place, employers will be able to consult directly with employees on TUPE transfers:

  • if the organisation has fewer than 50 employees (ie small businesses); or
  • for organisations of any size, if fewer than 10 employees are to transfer.

The change will apply to TUPE transfers taking place on or after 1 July 2024.