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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?
Both the transferor and the transferee can be liable for a
failure to inform or consult with the appropriate representatives. A failure to
inform or consult may lead to each affected employee being awarded a protective
award of up to 13 weeks' pay. The employer can use a special circumstances
defence, but the circumstances have to be exceptional. An employee
representative, a trade union representative, or an affected employee can bring
a complaint. A complaint must be lodged with the tribunal within three months
of the date of the transfer.
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