An introduction to TUPE (Part 2): The TUPE journey

Published on 29 June 2023

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

In part two of our mini-series on TUPE (transfer of undertakings and protection of employment), we explore the TUPE journey itself, including the practicalities of the due diligence exercise, as well as the obligation to inform and consult with affected employees. We also provide our "golden rules" on how to engage effectively with those people who are affected by a TUPE transfer.

Ellie Gelder talks to RPC's resident TUPE experts Patrick Brodie and Kelly Thomson about:

  • What employee liability information must be provided to the transferee, and when;
  • Informing and consulting affected employees in a sensitive, reasonable and sympathetic way;
  • When transferors can consult directly with individual employees, rather than employee representatives;
  • The government's proposal, as part of its policy paper "Smarter Regulation to Grow the Economy", to remove the current requirement to elect employee representatives for certain qualifying transfers;
  • Consequences of failing to inform and consult and associated liabilities; and

How the obligation to inform and consult on a TUPE transfer interacts with any related collective redundancy consultation obligations.

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All information is correct at the time of recording.  

The Work Couch is not a substitute for legal advice.

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