Q&As

Can an employer meet the obligation to consult with appropriate representatives under regulation 13 of the TUPE 2006, SI 2006/246 by holding a telephone conference call with the representatives, or does consultation need to take place face-to-face?

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Produced in partnership with Clare Brereton of BDBF LLP
Published on: 13 February 2020
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Regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 is silent as to the manner or form in which a consultation should take place, and we are not aware of any specific Authority on this point. It would seem that, provided the substance of the consultations meet the Requirements of TUPE 2006, SI 2006/246, reg 13, it may not be necessary for them to take place face-to-face and a conference call, or series of conference calls, will suffice.

The requirement of TUPE 2006, SI 2006/246, reg 13(6) is to ‘consult the appropriate representatives of [an affected] employee with a view to seeking their agreement to the intended measures’. Further, TUPE 2006, SI 2006/246, reg 13(7) requires the employer to ‘consider’ the Representations made by the elected representatives and ‘reply’ to them.

In the context

Clare Brereton
Clare Brereton

Senior Associate, BDBF LLP

I trained and qualified at Teacher Stern LLP, specialising in employment and immigration law before joining Brahams Dutt Badrick French LLP in January 2018 to focus on employment law.


My current practice includes both employer and employee clients. It covers a cross-section of employment law issues including disciplinary and grievance procedures, redundancy consultations, sickness absence (including, increasingly, instances of workplace stress), working time and issues of discrimination including sexual harassment. I also have experience of advising employers and employees on the scope and effect of contractual post-termination restrictions and negotiating their reach.


I have acted for both employer and employee clients in Employment Tribunal claims. For employees this includes unfair dismissal, age discrimination, race discrimination and whistleblowing. For employers I have defended claims for unfair dismissal and disability discrimination. I have also acted for employers and employees in relation to applications for injunctive relief relating to post termination restrictions.


In the partnership context, I have experience advising LLP members on their exit from a partnership both in relation to the contractual exit process and in circumstances where the partner has raised allegations of discrimination.


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Authority definition
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The public sector body procuring the project. This might, for example, be a local authority, an NHS trust, a central Government Department or a Non-Departmental Public Body.

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