What should the employer do where an employee representative for informing and consulting on a TUPE transfer ceases to act as such?

If an employee representative for TUPE information and consultation purposes ceases to act as such, for example if he or she leaves the organisation, the employer must determine whether or not this leaves any of the affected employees unrepresented. This could occur, for example, if employees at a particular site are represented by a single representative who ceases to act.

If employees are left unrepresented, the employer must arrange another election to elect a replacement representative.

The employer can help to avoid this situation occurring by ensuring either that representatives represent the affected employees as a single group or that there are at least two representatives elected for any one group of affected employees.