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.
We’ve asked Rochelle Murinas, Managing Director of our partners at Innov8 Human Resources, to explain more.
Take it away Rochelle
TUPE stands for The Transfer of Undertakings (Protection of Employment) Regulations 2006.
These regulations safeguard employees’ rights in two scenarios: business transfers and service provision transfers. In other words, they protect employees’ rights when the part of the business they work in is sold or transfers to another business.
What does ‘inform’, and ‘consult’ mean in this context?
Before a TUPE transfer, old and new employers have a legal requirement to inform and consult with either a recognised trade union or employee representatives.
‘Inform’ is when you tell your affected employees or their representatives the important facts relating to the transfer and ‘consult’ is when you talk and listen to the affected employees or their representatives’ views on the ‘measures’ that are being considered by the incoming organisation.
Who has to be informed and consulted with?
Once it is determined that the legal basis for 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 that may be absent due to sickness or away on family leave. You can inform and consult with employees individually, through a recognised trade union or authorised elected employee representatives, depending on the size of your organisation.
Here to help
Organisations should ensure that their business plans reflect an adequate time frame to ensure that the consultation process is meaningful and is undertaken in a timely manner. TUPE is a complex area of Employment Law and employers should be well versed in their obligations. please feel free to reach out to our expert team for support and a helping hand. Simply fill out the form below and someone will be in touch shortly.
