TUPE: Conduct an election for employee representatives for TUPE consultation

NOTE: Micro-businesses (those with fewer than 10 employees) are exempt from the requirement to hold elections for employee representatives where there is no recognised union or existing appropriate representatives. Micro-businesses are able to consult directly with the affected employees.

When to use this workflow

Use this workflow to carry out an election of employee representatives for information and consultation purposes in accordance with the requirements of the TUPE Regulations 2006, where there is no independent trade union recognised in respect of the affected employees.

The workflow should be used where the employer is obliged to inform, and potentially consult, employee representatives because a TUPE transfer is to take place and it has "affected employees". This is regardless of whether the employer is the transferor or the transferee.

This workflow is an example of a legally compliant process. Where your organisation's own procedures go beyond the procedure set out in this workflow, you should follow these.

Workflow authors: Produced by the XpertHR editorial team with the assistance of Andrew Peters.

Key Steps

  • Decide number of representatives and constituencies
  • Decide voting process and mechanics of election
  • Hold election and count votes
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