In a TUPE situation, must the transferee consult the employees who will be transferring to it?
No. The TUPE Regulations do not require the transferee to consult the members of staff who will be transferring to it.
The transferee is required to advise the transferor about measures it envisages taking in connection with the transfer, in relation to the employees who will be transferring to it. "Measures" in this context would include changes to terms and conditions of employment and redundancies. It is then for the transferor to inform the transferring employees' representatives about any transfer-connected measures envisaged by the transferee employer post transfer.
The TUPE Regulations do not require either the transferee or the transferor to consult with the transferring employees about measures envisaged by the transferee.
However, if the transferee employer proposes to make 20 or more employees redundant in a 90-day period in the context of a TUPE transfer, this would trigger collective redundancy consultation requirements. The Trade Union and Labour Relations (Consolidation) Act 1992 permits a transferee employer to carry out pre-transfer collective redundancy consultation with transferring employees in certain circumstances (see In the context of a TUPE transfer, can pre-transfer consultation by the transferee with transferring employees count for the purposes of collective redundancy consultation?).