The Transfer of Undertakings (Protection of Employment) Regulations 2006 laid a duty on employers to inform and consult with employees through appropriate elected representatives who could be trade union representatives or, in the absence of a recognised trade union, formally elected employee representatives. This could well have led to a situation in which a company with a single employee would still have to elect themselves as a representative so that their employer could consult them about the transfer of their employment. The employer would not be allowed to speak to their employee directly but only in the capacity of an elected representative. This is an absurd, although not unimaginable example, but it does show how the blanket nature of TUPE needed reforming. Now, the Regulations have been changed so that micro-businesses, which are defined as employers with fewer than 10 employees, can inform and consult directly with affected employees. This will apply where there is no union representative and the employer has not asked the affected employees to elect representatives. This should remove a degree of formality from the process and save time for many small employers who find themselves facing a TUPE situation. The amended regulations are due to come into effect on 31st July 2014.
Posted on: Tue, 15 Jul 2014 08:30:00 +0000
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