TUPE—information and consultation
TUPE—information and consultation

The following Employment guidance note provides comprehensive and up to date legal information covering:

  • TUPE—information and consultation
  • Who must inform and consult
  • Who must be informed and consulted
  • Affected employees
  • Arranging elections
  • Rights of appropriate representatives
  • Micro-businesses: duty to inform and consult where no appropriate representatives
  • The duty to inform and consult
  • Measures
  • Pre-transfer collective consultation about post-transfer dismissals
  • more

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:

  1. who must inform and consult

  2. who must be informed and consulted

  3. the meaning of affected employees

  4. arranging elections (where required)

  5. the rights of appropriate representatives

  6. where the employer may consult directly with individual employees: Micro-businesses: duty to inform and consult where no appropriate representatives

  7. the duty to inform and consult

  8. the meaning of measures

  9. pre-transfer collective consultation about post-transfer dismissals

  10. the special circumstances' defence for failure to inform or consult

  11. the timescale for information and consultation

  12. the effect of failure to inform and consult

  13. employee liability information (ELI), the notification or disclosure of ELI and the effect of non-compliance with obligation to provide ELI, and

  14. 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.

Who must inform and consult

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