TUPE Guidance

Employment issues: TUPE transfers

Businesses are often unaware of the obligations that arise when they are involved in a transaction where TUPE applies. For example, whatever the size of the transaction or its impact on employees, businesses are required to inform (and in some cases) consult representatives of affected employees. If there are no representatives, businesses must invite affected employees to elect them.

In a recent case, the Employment Appeal Tribunal (EAT) held that an individual employee could claim directly against  their employer for the breach of its information and consultation obligations under TUPE where it failed to invite employees to elect representatives.

This checklist explains when TUPE applies and sets out the different obligations businesses involved in the transaction may owe under the legislation.

For further information, please contact our Employment Law Team

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