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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
Is there a minimum number of employees that must be affected before a transfer under TUPE can take place? What constitutes a transfer of an undertaking under the Transfer of Undertakings (Protection of Employment) Regulations 2006? In a TUPE situation which employer is the "transferee" and which the "transferor"? Where only a few employees will transfer to a new employer under TUPE, does the obligation to inform and consult still apply? In a TUPE situation is the transferor required to obtain its employees' consent before passing on information about them to the transferee? In a TUPE situation, is the transferor obliged to give the transferee the personnel files of transferred employees? Is an employer obliged to consult with employee representatives on a TUPE transfer? Who has to be informed and consulted on a TUPE transfer? What is the purpose of any consultations that take place on a TUPE transfer? The duty to consult in a TUPE situation arises where an employer envisages taking measures in relation to affected employees, but what sort of measures would this cover? What is the time period over which the employer must consult on a TUPE transfer? How many employee representatives are necessary for informing and consulting on a TUPE transfer? Can an employer place restrictions on who can stand as a candidate in elections for informing and consulting on a TUPE transfer? What duties do employee representatives elected for informing and consulting on a TUPE transfer have? What should the employer do where an employee representative for informing and consulting on a TUPE transfer ceases to act as such? What happens if employees invited to elect representatives for informing and consulting on a TUPE transfer fail to do so? What happens if the transferor or transferee fails to consult or inform adequately on a TUPE transfer? If an employer sells off all or a part of its business and staff are dismissed as a result, is the employer liable? If a client changes supplier because it is not happy with the performance of the supplier’s employees, can those employees be prevented from transferring to the new supplier if the contract change amounts to a TUPE transfer? Can an employee refuse to transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006?