Letter Inviting Employee Representatives or Affected Employees to a TUPE Consultation Meeting
This letter should be used by an employer - either the transferor or the transferee – in a TUPE transfer in order to invite employee representatives or affected employees to a consultation meeting to discuss proposed measures.
An employer is required to inform and consult with employee representatives or affected employees prior to the transfer with a view to seeking their agreement to any intended measures. Employers should be aware that the definition of ‘affected employees’ includes not only those whose employment and terms and conditions will transfer, but also any other employees in the wider organisation who may be affected by the transfer or measures taken in connection with it. There is no duty to consult if no measures are anticipated and the transferor is not obliged to consult about measures envisaged by the transferee.
In terms of timing for the consultations, there is no specified minimum period over which consultations must be conducted prior to the TUPE transfer taking place. However, employers should ensure that they allow sufficient time for meaningful consultation in the circumstances.
If an employment tribunal upholds a complaint that an employer has failed to comply with its obligations to inform or consult in respect of a TUPE transfer, the employer may be required to pay ‘appropriate compensation’ to the affected employees, up to a maximum of 13 weeks’ pay for each affected employee.
The UK GDPR requires employers to comply with principles for processing personal data, including being transparent about the data that they hold, how it is used and the legal basis for processing that data. Employers can be subject to significant fines under the UK GDPR for failure to follow the data protection principles and data breach requirements.