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Informing and consulting prior to transfers

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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?

Regulation 13(6) of the TUPE Regulations 2006 provides that an employer must consult with the appropriate employee representatives if it envisages taking "measures" in connection with the transfer in relation to the affected employees. The term "measures" should be interpreted widely and includes any action, step or arrangement, other than the mere fact of the transfer. Measures would include such things as alterations to hours or benefits, a relocation, or redundancies. "Envisages" is not limited to definite plans and firm intentions, but equally would not cover vague ideas or mere speculation.

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