You will recall that we have already seen parts of the Employment Rights (Amendment, Revocation and Transitional Provisions) Regulations 2024 introduced this year specifically relating to holiday entitlement and pay and working time records. Next month, we shall see the last of the changes come into effect which relate to TUPE transfers.
For TUPE transfers occurring on or after 1 July 2024, employers will be able to take a different approach to how they manage the consultation process; but only where there are currently no existing arrangements in place with Trade Unions or Employee Consultation Forums.
The current legal position is that only in very limited circumstances can businesses consult directly with employees as part of a TUPE transfer process. Meaning that in all other circumstances, an employer must consult with appropriate employee representatives. The new Regulations will change this, and will allow employers to consult directly with its employees in situations when:
- The SME employs fewer than 50 employees and a transfer is proposed of any size, where there are no existing representatives in place.
- When a business of any size wishes to transfer fewer than 10 employees, and where there are no existing representatives in place.
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Is your business affected by a business transfer? Give us a call and we can discuss how we can help you to comply with the technical requirements of TUPE legislation.
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