How to prepare and manage a Tupe transfer

Changes to TUPE to apply to transfers from 1 July 2024

For transfers taking place on or after 1 July 2024, the requirement to consult with elected representatives for businesses with fewer than 50 people and transfers affecting less than 10 employees will no longer apply, where representatives are not already in place.

Instead, employers will have a choice as to whether to consult directly with affected staff or go through the process of electing representatives.

• Identify the undertaking that is to transfer. This might be the entire organisation, or could be a section within the organisation.

• Determine whether there is to be a transfer – is the undertaking going to operate in much the same way following the transaction that is to take place (this is a complicated issue, and it might be appropriate to take legal advice relating to the specific situation).

• Determine when the transfer is likely to take place.

• Prepare for consultation. If trade union or employee representatives already exist from the areas of the business affected by the proposed transfer, arrange to meet with them. If there are no employee representatives, meet with the workforce to explain the situation and to ask for potential representatives to be nominated.

• If there are no existing representatives, and more people have been nominated than are required, arrange for a ballot to take place for employees to choose their representatives.

• Start the consultation. Inform the representatives of the reasons for the business transfer, the likely timing of the transfer, the legal, economic and social implications of the business transfer, as well as the envisaged effects to those employees of the transfer.

• Provide the required information to the transferee, i.e. the identity of those who will transfer, with their personal details. This should include collective agreements, disciplinary and grievance issues outstanding that have arisen in the last two years, any legal issues outstanding, statements of employment particulars and the employees' ages.

• Communicate directly with the employees affected by the transfer. Confirm communication in writing.

• Deal with any objections to the transfer.

• Prepare for any communication with the media relating to the transfer.

Contact Include-HR today for your HR TUPE obligations.