We previously informed you about changes to the TUPE legislation – our article can be found here.
The last of those changes came into force on 31 July 2014.
A new regulation now provides that employers with fewer than ten employees may directly consult affected employees in cases where there are no existing appropriate representatives and the employer has not invited any affected employees to elect employee representatives. In practice, this was usually what happened anyway where micro-businesses were dealing with TUPE, but technically that did not comply with the details of the legislation. This change helps to make the position clearer and easier for micro-businesses.
Importantly, what this change does not do is affect micro-transfers, so if (for example) you are dealing with a transfer affecting only three people where the transferor and transferee have more than 10 employees, the full obligation to consult with representatives will strictly speaking still apply.
If you would like to talk through a situation you are dealing with, or if you need advice on any aspect of employment law, please contact any member of the Pure Employment Law team (01243 836840 or [email protected]).