TUPE compliance guide
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.
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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5 March 2021
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Code of conduct policies
Every company should have a code of conduct outlining how employees are supposed to interact and behave while at work