Podcast Location:
Download it here [file size: 27.3 MB]
Part of:
TUPE Master Class Bundle CPD Training Bundle
Employment Law
CPD Points:
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast is aimed at employment practitioners, employers and employee representatives. It addresses the scope of the information and consultation exercise that must be undertaken in advance of a TUPE transfer, how that consultation should be conducted and the consequences for an employee who fails to consult properly.

After completing the course you will:
  • Know who is an affected employee and know how they can be identified;
  • The extent of the consultation requirement and what information has to be provided;
  • Know who is obliged to undertake the information and consultation process;
  • Know who is qualified to represent the interest of affected employees during the consultation exercise;
  • Know when information needs to be supplied to the employee representatives;
  • Understand the difference between information giving and consultation;
  • Know how concrete ‘measures’ need to be in order to conduct a meaningful consultation;
  • Know to what extent a measure to the advantage of an employee needs to be consulted on;
  • Understand the circumstances under which an employer can avoid informing and consulting;
  • Understand the remedy for a failure to inform and consult;
  • Know who has standing to bring a compensation claim for a failure to inform and consult;
  • Know the quantum of compensation that can be sought.
General Interest Difficulty: 2 of 5
Legal Principles
Practical Guide
Sources and References:
  • The Transfer of Undertakings (Protection of Employment) Regulations 2006 Reg. 13, 14, 15, 16;
  • Unison v Somerset County Council, Taunton Deane Borough Council and South West One Ltd [2010] IRLR 207;
  • BIS Guidance; A Guide to the 2006 TUPE Regulations for employees, employers and representatives, at p.23;
  • Phillips v Xtera Communications Ltd [2011] IRLR 724;
  • Howard v Millrise Ltd t/a Colourflow (in liquidation) [2005] IRLR 84;
  • Hickling (t/a Imperial Day Nursery) and others v Marshall UKEAT/0217/10;
  • Cable Realisations v GMB Northern Ltd [2010] IRLR 42;
  • Baxter v Marks and Spencers UKEAT/0162/05;
  • British Steel Corp and Secretary of State for Trade and Industry ex p Price and others [1994] IRLR 72;
  • Royal Mail Group Ltd v Communication Workers Union [2009] IRLR 108;
  • Todd v Strain [2011] IRLR 11;
  • IPCS v Secretary of State for Defence [1987] IRLR 373;
  • Bakers Union v Clarks of Hove Ltd [1978] IRLR 366;
  • Marcroft v Heartland (Midlands) Ltd [2011] IRLR 599;
  • Mitie Group v Mullineaux UKEAT/0708/04;
  • Nationwide Building Society v Benn and others [2010] IRLR 922;
  • Zaman and others v Kozee Sleep Products Ltd (t/a Dorlux Beds UK) UKEAT/0312/10;
  • Independent Insurance Company Ltd v Aspinall and another [2011] IRLR 716.

This podcast reviews the information giving and consultation requirements upon the transferor and the transferee contained within the TUPE Regulations 2006 in respect of employees affected by a TUPE transfer.

Podcast added: 11/06/12

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