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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.
Where only a few employees will transfer to a new employer under TUPE, does the obligation to inform and consult still apply?
What is the purpose of any consultations that take place on a TUPE transfer?
What information should an employer give to the representatives of affected employees in a TUPE situation?
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?
What is the time frame for electing employee representatives for informing and consulting on a TUPE transfer?
Who has to be informed and consulted on a TUPE transfer?
What happens if the transferor or transferee fails to consult or inform adequately on a TUPE transfer?
It is for the employer to decide how many employee representatives should be elected. The number of representatives required will depend on the number of affected employees and the different classes of employees to be represented. For example, if the affected employees are located across a number of sites, it may be appropriate for each site to have separate representation. Where the employees do not fall into distinct groupings with differing interests, it may be appropriate to have representatives who represent the affected employees as a whole.
The employer should ensure that there are enough representatives to represent adequately the interests of all affected employees, while avoiding having so many representatives that the consultation process becomes unwieldy or unnecessarily protracted.
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