Clause and Effect: Transfer of Undertakings (Protection of Employment) Regulations

Since 6 April 2024, updates to the Transfer of Undertakings (Protections of Employment) Regulations have simplified consultation requirements for certain businesses. 

Employers should ensure these changes are considered in any transfer process.
 

Key updates include:

1. Businesses with fewer than 50 employees may now consult directly with employees if there are no existing employee representatives in place, rather than having to arrange elections for new employee representatives.
2. Businesses of any size may now consult directly with employees (where no existing employee representatives are in place) where a transfer of fewer than ten employees is proposed.
3. Employers may still choose to involve elected employee representatives if preferred, even in businesses with fewer than 50 employees.

These changes streamlined TUPE consultation requirements but still require careful planning to ensure compliance. More details are available in the March 2024 newsletter.