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Termination documents TUPE documents

TUPE compliance guide

Reviewed 5 March 2021

This guide outlines the main legal requirements surrounding TUPE transfers, as well as the essential steps involved in managing such transfers, together with some good practice guidance.

TUPE compliance

Outgoing employer must inform and consult with staff

Employers involved in a business transfer must inform and consult with appropriate representatives of the affected employees about the transfer and any measures proposed. Certain specified information must be provided to the representatives long enough before the transfer to enable the outgoing employer to consult with them about it.

If there are any changes or proposals for changes following the transfer, these measures will have to be discussed with the representatives of the affected employees. The new employer is required to provide the old employer with information on proposed measures to allow the old employer to comply with their duty to inform and consult. There is no set timetable for consultation, but the larger the transaction and the more staff affected, the longer the timetable will need to be.

If there is a failure to inform and consult, a complaint can be made to the Employment Tribunal. If successful, the Tribunal can award whatever compensation it considers just and equitable having regard to the seriousness of the employers failure up to a maximum of 13 weeks pay per affected employee. Information and consultation failures can now

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