The following Employment guidance note provides comprehensive and up to date legal information covering:
Where there is a business transfer or service provision change amounting to a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006), the transferor and the transferee have certain obligations to inform and consult.
This Practice Note examines those obligations to inform and consult under TUPE 2006, including:
who must inform and consult
who must be informed and consulted
the meaning of affected employees
arranging elections (where required)
the rights of appropriate representatives
where the employer may consult directly with individual employees: Micro-businesses: duty to inform and consult where no appropriate representatives
the duty to inform and consult
the meaning of measures
pre-transfer collective consultation about post-transfer dismissals
the special circumstances' defence for failure to inform or consult
the timescale for information and consultation
the effect of failure to inform and consult
employee liability information (ELI), the notification or disclosure of ELI and the effect of non-compliance with obligation to provide ELI, and
other statutory obligations to inform and consult
For information on the position where the TUPE transfer took place before 31 January 2014, see Practice Note: TUPE—the pre-January 2014 position.
The obligations to inform and consult apply to any employer with employees who may be 'affected' by the transfer or 'measures' connected with it. This will always include
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