TUPE Consultation | Protect your Business with our Experts Guide
April 17, 2019 | By: Victoria Owings
When an ‘economic entity’ is sold on, it is probable that the Transfer of Undertakings (Protection of Employees) Regulations (TUPE) 2006 will apply. When TUPE applies the duty to inform and consult will be triggered, ignore this TUPE consultation process at your peril. In a recent case, an employer through no fault of its own, rushed a TUPE consultation to make a commercial deadline and as a result did not go through the often thought ‘technical’ requirement to either consult with trade union representatives or elect representatives from amongst the workforce as part of that consultation process. The tribunal decided that the employer should pay the maximum award, 13 weeks gross pay per individual. As there were multiple claimants, the employer was exposed to many thousand pounds of loss. In our view that award was excessive as the starting point for such an award is 13 weeks and there was some consultation albeit rushed. It was therefore wrong to start at the top of the scale. We use the term ‘through no fault of its own’ because the employer concerned took advice from a firm of solicitors who may have given incorrect advice on some elements of the TUPE consultation process. The case is to be appealed but of course that takes time and money and so the lesson here is to get things right from the start. Get it right, and there is less likely to be a claim. Wirehouse have considerable experience and expertise in this area. Request a Callback Today »
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