As the transferor, comply with the obligation to inform and consult representatives in relation to a TUPE transfer

Key points

  • As the transferor in a TUPE transfer, the employer is obliged to provide specified information to the appropriate representatives of affected employees, including information on the reasons for the transfer.
  • Eligible micro-businesses may inform and consult directly with affected employees.
  • The transferor's duty to inform employees applies to those of its own employees who will be affected by the transfer; this can include employees who will not transfer.
  • In certain circumstances, as well as providing information to representatives of its affected employees, the transferor must consult with them prior to the transfer.

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