Transferors are obliged under the TUPE Regulations to provide certain information to, and in some circumstances consult with, appropriate representatives of any employees who might be affected by the TUPE
The overall aim of TUPE is to protect the rights of the transferring employees. Therefore, the automatic transfer principle (see Who transfers?) means that employees assigned to the relevant business
DUE DILIGENCE QUESTIONNAIRE ON STAFF ISSUES
This letter is only relevant if there is no recognised trade union or existing employee representative body in relation to any of the employees affected by the transfer (for the
TUPE applies in two types of events: a business transfer and a service provision change.
Suggested procedure for TUPE information and consultation process where there is no trade union or pre-existing employee representatives.
This is a form which affected employees should be sent in order to propose nominations for individuals to act as employee representatives.
Both the transferor and transferee have separate obligations to inform and, usually, consult any of their employees who are affected by a TUPE situation.
This is a form which affected employees should be sent in order to register their vote for individuals to act as employee representatives.
Where an undertaking is subject to certain formal insolvency proceedings, some of the rules under TUPE are modified to improve the prospect of the business in financial difficulty being sold