Guide to TUPE obligations and timeline for the incoming employer
Our Guide to TUPE Obligations and Timeline for the Incoming Employer clarifies responsibilities, ensuring compliance and smooth transitions.
TUPE obligations and timeline for the incoming employer
The following timescales are indicative only.
Actual timescales will vary depending upon commercial objectives, the complexity of the transfer, the number of transferring employees, and the extent and number of any measures.
| Weeks pre-transfer | Actions |
| 8 to 6 weeks |
1. Employee Liability Information (ELI) Send a request to the old employer for Employee Liability Information (ELI). |
| 5 to 3 weeks |
2. Employee consultation The old employer should be making employee consultation arrangements. Occasionally your own employees may be affected by the transfer in which case you should make arrangements to consult with them. |
| 4 weeks |
3. Employee Liability Information (ELI) ELI to be provided by old employer in respect of each transferring employee no later than 28 days before the transfer. |
| 3 weeks |
4. Measures You must send to the old employer a letter detailing any “measures” (see guidance notes) which you propose to implement post transfer in relation to transferring employees. |
| 3 to 0 weeks |
5. Voluntary informal consultation Although not required it is good practice for the old employer to hold “informal” consultation meetings with reps and affected employees. You may wish to ask to attend these meetings to answer questions raised particularly in light of proposed measures. |
| 3 to 0 weeks |
6. Redundancy consultation If your proposed measures include possible redundancies, you will need to engage in a formal redundancy consultation process. The relevant pool may include both newly transferred employees and pre-existing members of your staff. Any redundancies must be for an ETO reason (see guidance notes). You can commence formal redundancy consultation with representatives of transferring employees provided the transferor is in agreement. |
| Transfer Date | |
| Weeks post-transfer | Actions |
| 0 to +4 weeks |
7. Voluntary consultation Post transfer, it is good practice to hold informal meetings with the transferred employees about the introduction of proposed measures, particularly if you did not participate in voluntary consultation pretransfer. If redundancies are proposed, you must start formal consultation now if you have not already done so pre-transfer. |
| 0 to +4 weeks | Ongoing obligation for old employer to update the new employer of any changes to Employee Liability Information. |
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What is this for?
The Guide to TUPE Obligations and Timeline for the Incoming Employer provides a clear overview of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) requirements and timelines for employers who are acquiring or inheriting a business.
It outlines the legal obligations, consultation processes, and key milestones that incoming employers must adhere to when taking over a business.
This guide equips incoming employers with essential knowledge and practical guidance to navigate TUPE effectively. By understanding their obligations and following the prescribed timeline, employers can ensure compliance with TUPE regulations, facilitate a smooth transition for transferring employees, and mitigate potential legal risks associated with the transfer of undertakings.
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