TUPE—information and consultation
TUPE—information and consultation

The following Employment practice 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
  • Where there are no trade union or employee representatives
  • Failure by employees to elect representatives
  • 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
  • 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

EU-derived laws, such as much of TUPE 2006, that have been made to implement UK obligations under EU law (such as the obligation to implement Directive 2001/23/EC, the Acquired Rights Directive (ARD)), applicable in the UK at the end of the Brexit transition period/IP completion day are preserved in the UK’s domestic legal framework as retained EU law. For

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