Employment Law Update July 2014

Employment Law Update July 2014

Duty to inform and consult under TUPE for micro business

There has been a good deal of criticism about the duty to inform and consult with employee representatives or recognised trade unions under the TUPE regulations when it comes to small businesses as this is often not practical and it makes more sense to talk directly to the individuals affected

From 31st July these obligations will be relaxed for employers with fewer than ten employees and who will be able to meet their obligations to inform and consult by informing and consulting the affected employees directly. This exemption will be allowed when the following applies:

1. There are no existing appropriate representatives.

2. There is no recognised union.

3. The organisation employs ten or fewer employees.

4. The proposed transfer will take place on or after 31 July 2014.

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