Where only a few employees will transfer to a new employer under TUPE, does the obligation to inform and consult still apply?
What happens if employees invited to elect representatives for informing and consulting on a TUPE transfer fail to do so?
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?
What should the employer do where an employee representative for informing and consulting on a TUPE transfer ceases to act as such?
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?
Regulation 13(11) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) provides that, where employees fail to elect representatives for informing and consulting on a TUPE transfer within a reasonable time, the employer should give each affected employee the required information set out in reg.13(2) of the Regulations. This includes the legal, economic and social implications of the transfer for any affected employees and any measures that the employer envisages it will take, in connection with the transfer, in relation to any affected employees. It is important to note that, while reg.13(11) provides for what happens if employees fail to elect representatives within a reasonable time, reg.14 makes it clear that it is primarily the employer’s responsibility to make the arrangements for the elections.
If the employees eventually elect employee representatives, the employer should ensure that it meets its collective consultation obligations to avoid the possibility of being subjected to a protective award.
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