What is the time frame for electing employee representatives for informing and consulting on a TUPE transfer?
There is no specified timescale for the election of employee representatives for informing and consulting on a TUPE transfer. Regulation 13(2) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) states that employers must provide the required information to employee representatives "long enough before a relevant transfer to enable the employer of any affected employees to consult the appropriate representatives", but there is no minimum consultation period.
The employer should begin arrangements for the election as soon as it is apparent that one will be necessary. It should allow enough time to carry out a fair election before beginning consultation, taking account of the time that it will take to request and receive nominations for candidates; inform employees of the nominations; conduct the ballot; count the votes; and announce the result. The length of time needed to complete the process will depend on factors such as the number of affected employees, the number of candidates and the number of sites involved.