There are specific preparations and steps an employer must take before, during and after a TUPE transfer.
One critical legal stage involves informing and consulting staff, and it is imperative to get this stage right to avoid any potential legal risks of someone claiming that that they haven’t been consulted with about a potential TUPE transfer. Let’s explore this further…
What is TUPE?
TUPE stands for Transfer of Undertakings (Protection of Employment). These regulations safeguard employees’ rights in two scenarios: business transfers and service provision transfers.
What does ‘inform’ and ‘consult’ mean in this context?
‘Inform’ is when you tell your affected employees or their representatives the facts about the transfer and ‘consult’ is when you talk and listen to affected employees or their representatives on expected ‘measures’, genuinely considering their views.
Who has to be informed and consulted with?
Once it is established that TUPE applies, it is essential to involve all affected staff in the process of informing and consulting about the transfer. This could be employees who are:
- transferring from the old employer to the new one
- staying employed with the old employer but whose colleagues are transferring
- already working for the new employer, whose work will be affected by incoming employees.
Don’t forget, this also includes employees away from the business, such as those on sick leave or family leave. You can inform and consult staff individually, through a recognised trade union or authorised employee representatives, and which route you take on this, depends on the size of your organisation.
Business owners should plan well and be in the know about information and TUPE consultation obligations. We recognise there is a lot to wrap your head around on this subject, so please feel free to reach out for support and a helping hand.
