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

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