Is an employer obliged to consult with employee representatives on a TUPE transfer?

There is always an obligation to provide information to employee representatives on a TUPE transfer, but the obligation to consult arises only if the employer anticipates taking measures (for example a relocation or redundancies) in relation to affected employees in connection with the transfer.

Where the employer, whether it is the transferee or the transferor, envisages that it will be taking such measures, it must consult the appropriate representatives of its affected employees with a view to seeking their agreement to the intended measures.

The transferor is not obliged to consult employee representatives about measures envisaged by the transferee, but it must inform them of transfer-connected measures that it envisages that the transferee will take in relation to the affected employees.