Duty to inform and consult under TUPE amended for micro-businesses

Implementation date: 31 July 2014

The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (SI 2014/16) provide that a micro-business, which is an employer with fewer than 10 employees, may comply with its duty to inform and consult under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) by informing and consulting directly with affected employees. This applies where there are no appropriate representatives and the employer has not invited any of the affected employees to elect representatives.