TUPE transfers

Eleanor GelderEditor's message: Where a transfer of a business or a service provision change is covered by the TUPE Regulations 2006, the employer of employees affected by the transfer is under a duty to inform and consult with appropriate representatives of those employees.

Appropriate representatives under the Regulations are trade union representatives or elected employee representatives. Micro-businesses (those with fewer than 10 employees) may inform and consult directly with affected employees if there are no employee representatives.

In the case of a TUPE transfer, an employer must provide certain information about the transfer to appropriate representatives in sufficient time to allow the employer to consult the representatives. The obligation to consult the appropriate representatives arises only if the employer (transferor or transferee) of an affected employee envisages that it will, in connection with the transfer, be taking measures in relation to that employee.

Ellie Gelder, employment law editor

Latest items in TUPE transfers