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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