UK – Changes to TUPE consultation requirements

What’s new?

The Government recently announced reforms to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”), which came into effect on 1 January 2024. Under TUPE, employers are obliged to inform and consult with a recognised trade union or elected employee representatives prior to a (or part of a business) transferring from one employer to another.

How do the reforms impact employers?

Previously, organisations with fewer than 10 employees have been able to consult directly with their employees (provided there is no recognised trade union or any pre-elected employee representatives) without needing to conduct special elections to appoint employee representatives. From 1 January 2024, this was extended to organisations where either of the following applies:

  • the employer has fewer than 50 employees; or
  • the employer has any number of employees, but the TUPE transfer affects fewer than 10 employees.

However, where an organisation already has employee representatives or a recognised trade union, the employer will still be obliged to consult with them.

So, what should employers do now?

Employers should review their obligations under the TUPE regulations and determine how the reforms may impact any current and future/planned transfers. In addition, employer should consider any changes they may need to make to their processes. If you need any support with this, or would like any further information, please get in touch with a member of the MDR ONE team.

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