Informing and consulting employees on a TUPE transfer

Before a TUPE transfer takes place, both the old employer and new employer must inform, and sometimes consult, with representatives of their employees who are affected by the transfer. This statutory obligation applies even if only one employee is transferring.

In addition, if 20 or more redundancies are proposed, employees have a statutory right to collective consultation before the redundancies can be implemented. TUPE includes a special provision allowing the new employer to carry out statutory collective consultation on redundancies before the transfer takes place.

In this section, we look at both informing and consulting employees on a TUPE transfer and at statutory collective consultation on redundancies which is carried out by the new employer before the transfer.

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