Under the Transfer of Undertakings (Protection of Employment) Regulations
2006 (TUPE Regulations 2006), an employer has a duty to inform and consult
with the appropriate representatives of affected employees.
If the employees who may be affected by the TUPE transfer are represented
by an independent trade union recognised for collective bargaining
purposes, the employer must inform and consult an authorised official of
that union. When employees who may be affected by the transfer are not
represented by a trade union, the employer must inform and consult with
appropriate representatives of those employees.
The employer should write to the affected employees to explain the reason
for the forthcoming election of employee representatives and to invite them
to nominate themselves as candidates for election. This Letter to Affected
Employees for Electing Employee Representatives in a TUPE Transfer sets out
the rules for the election of employee representatives and also includes a
nomination form for employees to complete and return if they wish to
nominate themselves as a candidate for election. This template includes
optional clauses as to the type of TUPE transfer which applies.
If an employer is a "micro-business" (namely one that employs fewer than 10
employees) the Company does not have to arrange for the election of
appropriate representatives and may inform and consult directly with
affected employees as if each affected employee were an appropriate
representative. This applies provided that:
• there are no appropriate representatives; and
• the employer has not invited any of the affected employees to elect
employee representatives.
The General Data Protection Regulation (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.
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