Q&As

Where an employer intends to harmonise their terms and conditions of employment for various employees transferred under TUPE, do they have to consult these employees? If so, should trade unions be consulted if there is a collective agreement in place?

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Published on LexisPSL on 13/05/2021

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Where an employer intends to harmonise their terms and conditions of employment for various employees transferred under TUPE, do they have to consult these employees? If so, should trade unions be consulted if there is a collective agreement in place?
  • Variations that are permitted under TUPE 2006
  • Agreeing the change with employees
  • Written statement of changes

Where an employer intends to harmonise their terms and conditions of employment for various employees transferred under TUPE, do they have to consult these employees? If so, should trade unions be consulted if there is a collective agreement in place?

For information generally:

  1. on information and consultation under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, see Practice Note: TUPE—information and consultation

  2. on varying terms and conditions of employment in the context of a relevant transfer under TUPE 2006, SI 2006/246, see Practice Note: TUPE—variation of contract terms

  3. on changing terms and conditions of employment, see Practice Note: Changing terms and conditions of employment

If, before a relevant transfer under TUPE 2006, SI 2006/246, the transferee (ie the new employer) envisaged taking any measures, in connection with the transfer, in relation to any affected employees who would become the transferee’s employees after the transfer, the transferee should have provided information about those measures to the transferor, to enable the transferor to comply with its obligation to inform the affected employees.

The word ‘measures’ is of wide import and involves any action, step or arrangement. For further information, see Practice Note: TUPE—information and consultation, in particular section: Measures.

For further information on the duty to inform and consult under TUPE 2006, SI 2006/246 generally, see Practice Note: TUPE—information and consultation, in particular section: The

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