What is the time period over which the employer must consult on a TUPE transfer?

Unlike in the provisions governing collective redundancies, there is no specified minimum period over which consultations must be conducted prior to the transfer taking place. Although it has been argued that tribunals should have regard to the minimum periods over which consultation must be conducted in collective redundancy situations, there is no link between the TUPE provisions and the redundancy provisions.

Regulation 13(2) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) states that employers must provide the required information to employee representatives "long enough before a relevant transfer to enable the employer of any affected employees to consult the appropriate representatives".