What duties do employee representatives elected for informing and consulting on a TUPE transfer have?
The role of employee representatives in the context of a TUPE transfer is to receive information from the employer, convey this information to their constituent employees and represent the views and opinions of those employees in any consultation process. They are required to represent the interests of all the affected employees, not just their own interests, and should take reasonable steps to ensure that the views of the affected employees are taken into account by the employer as part of the consultation process.
The employer must disclose certain information to the representatives, including the measures that it envisages it will take, in connection with the transfer, in relation to any affected employee. Consultation must be undertaken with a view to seeking the agreement of the employee representatives to the intended measures. The employer must consider and reply to any representations made by the representatives.
The employees must be given access to the affected employees and afforded such accommodation and other facilities as may be appropriate for that purpose. They have a statutory right to reasonable paid time off to perform their functions.