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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?
Unlike in the provisions governing collective
redundancies, there is no specified minimum period over which consultations must be conducted prior to the transfer
taking place. Although it has been argued that tribunals should have regard to
the minimum periods over which consultation must be conducted in collective
redundancy situations, there is no link between the TUPE provisions and the redundancy provisions.
Regulation 13(2) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) states that employers must provide the required information to employee representatives "long enough before a relevant transfer to enable the employer of any affected employees to consult the appropriate representatives".
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