Conduct an election for employee representatives for TUPE consultation

Key points

  • Where there are no appropriate representatives for the employer to inform and consult with on a TUPE transfer, the employer must hold an election (although there is an exemption for micro-businesses).
  • The employer must comply with a number of statutory requirements to ensure a fair election.
  • Issues that the employer will need to consider include the time frame for the election; the number of representatives; and the voting process for the election.

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