What happens if the transferor or transferee fails to consult or inform adequately on a TUPE transfer?
Both the transferor and the transferee can be liable for a failure to inform or consult with the appropriate representatives. A failure to inform or consult may lead to each affected employee being awarded a protective award of up to 13 weeks' pay. The employer can use a special circumstances defence, but the circumstances have to be exceptional. An employee representative, a trade union representative, or an affected employee can bring a complaint. A complaint must be lodged with the tribunal within three months of the date of the transfer.