Q&As

Where dismissals for redundancy are proposed in the context of a relevant transfer under TUPE, is it the transferor or the transferee who is required to inform and consult with appropriate representatives, and to submit a Form HR 1?

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Published on LexisPSL on 28/09/2018

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

  • Where dismissals for redundancy are proposed in the context of a relevant transfer under TUPE, is it the transferor or the transferee who is required to inform and consult with appropriate representatives, and to submit a Form HR 1?

Where dismissals for redundancy are proposed in the context of a relevant transfer under TUPE, is it the transferor or the transferee who is required to inform and consult with appropriate representatives, and to submit a Form HR 1?

The obligation to notify the Secretary of State for the Department for Business, Energy and Industrial Strategy (BEIS) under section 193 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), by sending a completed form HR1 to the Redundancy Payments Service, falls on the employer who is proposing to dismiss as redundant 20 or more employees.

The obligation to inform and consult with appropriate representatives about dismissals under TULR(C)A 1992, s 188 also falls on the employer who is proposing to dismiss.

If, therefore, the transferee proposes to carry out redundancy dismissals after the transfer, it

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