1. What is TUPE?
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 legislation changed on 1st July 2024 but only in regards to the consultation process in small scale transfers.
2. What were the rules regarding TUPE consultations?
Before the changes in July 2024, the requirement was to undertake consultation with employee representatives when your company had more than ten employees.
If employee representatives were already in place then these could be used. However, where there were no employee representatives and where a union was not recognised, there was a requirement to elect employee representatives specifically for the purpose of TUPE consultation.
Where your organisation had fewer than ten employees and no representatives in place, then consultation could be undertaken at an individual level.
3. What changed in regards to TUPE consultation requirements?
From 1st July 2024, there is a reduced requirement for the election of employee representatives to consult on TUPE when the employer has fewer than 50 employees or, if the transfer impacts fewer than 10 employees.
In these situations, employers are able to consult directly with the affected employees.
So, the requirement to elect employee representatives solely for the purpose of TUPE consultation will be removed.
Remember – this only applies 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 and would like some help, do contact us.