TUPE: Information & Consultation Requirements
- Podcast Location:
- Download it here [file size: 27.3 MB]
- Part of:
- TUPE Master Class Bundle CPD Training Bundle
- Categories:
-
Employment Law
- CPD Points:
- Up to 1 point. details »
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- Cost:
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- Length:
- 30 minutes of audio
(+ optional 5 minute online quiz) - Plays on Computer:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- 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.
- Outcomes:
- 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.
- Level:
- General Interest
- Classification:
-
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
