Letter Inviting Employee Representatives or Affected Employees to a TUPE Consultation Meeting
EMP.AT.10
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.