TUPE – Small Scale Transfers

TUPE (Transfer of Undertakings Protection of Employee) applies when there is business transfer from one employer to another or when there is a change in service provision.

TUPE is a complex piece of legislation. If you are dealing with a TUPE situation then we strongly advise you to seek professional guidance.

The changes that are happening from 1^st July 2024 relate to the consultation process in small scale transfers.

Before the changes in July 2024, the requirement is to undertake consultation with employee representatives when your company has more than ten employees.

If employee representatives are already in place then these can be used. However, where there are no employee representatives and where a union is not recognised, there is a requirement to elect employee representatives specifically for the purpose of TUPE consultation.

Where your organisation has fewer than ten employees and no representatives in place, then consultation can be undertaken at an individual level.

From 1^st July 2024, there is a reduced requirement for the election of employee representatives to consult on TUPE.

Employers will be able to consult directly with the affected employees in situations where there are no trade unions or employee representatives already in place.

So, the requirement to elect employee representatives solely for the purpose of TUPE consultation will be removed.

This will only apply where the workplace has fewer than fifty employees or, where the transfer relates to ten or fewer employees

For many business, the issue of TUPE never arises.

However, if you are involved in a TUPE process after 1^st July 2024, this will be useful information. It will possibly make the consultation process easier.