"Absolutely spot on"
The obligation to inform
The outgoing and incoming employers must provide certain information about the transfer. Under TUPE the information must be given to recognised trade union representatives or if none exist, to elected employee representatives of the employees who may be affected by the transfer.
The following is a list of the information that must be given to the representatives:
- The fact of the transfer and details of the date (or proposed date) of the transfer and the reasons for it.
- Details of any legal, economic and social implications of the transfer for the affected employees; this will include for example details about which employment terms will transfer.
- Details of any actions, steps or arrangements (known as ‘measures’) which the incoming or outgoing employers may take or put in place in connection with the transfer. If no measures are anticipated this must be stated. Measures includes possible redundancies or changes to the place of work or staffing structures.
- If employed by the outgoing employer, the representatives must be given information about any measures proposed by the incoming employer. If there are none this must be stated.
- Details about any agency workers used by the employer, including details of the number of agency workers, the parts where agency workers are working and the type of work agency workers are carrying out.
It is not uncommon for the information to be given directly to the affected employees if there are only a small number. Strictly this does not comply with the obligations under TUPE and may entitle you to bring a claim.
Are you an affected employee?
You will be affected by the transfer if your employment is transferring because of it. You may also be affected if the measures proposed impact on you in some way, even if your employment is not being transferred.
The duty to consult
The duty to consult with representatives does not always arise. It will only arise if either the outgoing or incoming employer anticipate taking ‘measures’.
Consultation should be carried out:
- by the outgoing or incoming employer with the representatives of their employees; and
- with a view to reaching agreement about the measures proposed.
When must the information be given?
The information must be given to the representatives long enough before the transfer so that consultation can take place about any measures which are proposed.
If no measures are proposed and consultation is not needed the information can be given much closer to the date of the transfer and possibly even on the day!
Claims for the failure to inform and consult
If you are an affected employee and your employer does not inform or consult with the appropriate representatives (or yourself) before the transfer takes place, it may be possible to claim compensation of up to 13 weeks’ pay.
Usually the claim must be brought by the relevant representatives within three months (less one day) of the date of the transfer.
Your employer may be able to avoid liability for failure to inform and consult if there were special circumstances making it reasonably impractical to comply with its duties. The circumstances in which this defence applies are very limited though.
Book a phone consultation
Apply for a FREE phone consultation with one of our employment law solicitors to discuss your case, how we can help and find out how much it is likely to cost.
Selected evening and weekend appointments available.
How can we
Tell us about your case
Our online form is the easy way to tell us about your case and employment details.
Short of time? Our ‘save and resume’ feature lets you save your answers and complete the form later.
Reasons to Choose
Expert help from Solicitors
Jargon Free Advice
Convenient Easy Access
Best Client Care
Becoming our client is a straightforward process. However, before choosing Quantrills as your employment law solicitors you and us will want to be completely sure we are the right people to help you achieve your objectives. Having looked at our web site, if you like our approach and would like to discuss how we can help you, getting started is easy.
At Quantrills we are flexible in how we work with you and how we progress your case...
We welcome calls from our clients. Call us any time between 08.30AM to 5.30PM Monday to Friday to discuss your case. We will do our best to speak with you when you call, or if we can’t, you will get a call back as soon as possible.
01473 688 100Or request a call back
If it’s more convenient for you do come and see us. We do an excellent coffee. Whilst many of our clients don’t visit us, our offices are easy to find being just off junction 56 on the A14. Client meetings are by appointment and there is free car parking in front of our reception.Get Directions
We love emails; they help save time and avoid delays. Our case management system is set up to make the best use of them.Email us
Our web forms make it easy to give us the information we need from you. Our forms have a clever "save and return" feature so you can complete the form in more than one visit.View Forms
Latest Employee Knowledge Bank Articles
Use our knowledge bank of employee focused briefing notes, checklists and case reports to obtain trusted and accurate information about key employment law and HR topics to help you learn more about your employment law rights.View more