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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?
How many employee representatives are necessary for informing and consulting on a TUPE transfer?
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.
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