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?
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.