What is the purpose of any consultations that take place on a TUPE transfer?
Employers have a duty to consult with union representatives (or employee representatives where they do not recognise a union) where they envisage taking measures in connection with the transfer in relation to the affected employees. The employer must consult the representatives "with a view to seeking their agreement to the intended measures". Just keeping them informed on the progress of a transfer is not sufficient. The employer must be receptive to the points made on behalf of affected employees and must give them proper consideration before rejecting them.