Relaxation of information and consultation requirements for micro-employers for transfers taking place on or after 31 July 2014
The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 came into force on 31 January 2014 and made a number of changes to the existing legislative framework on transfers of undertakings and collective redundancies. While most of the reforms came into force on 31 January 2014, the relaxation of the information and consultation requirements for ‘micro-employers’ had a delayed implementation date. The relaxed rules apply in respect of transfers that take place on or after 31 July 2014.
Regulation 13 of TUPE 2006 obliges employers to inform and consult with ‘appropriate representatives’ of the employees who are affected by the transfer. For these purposes, appropriate representatives are either: representatives from a recognised trade union; and/or standing employee representatives who have the requisite authority to be informed and consulted about the transfer; and/or employee representatives specifically elected for this purpose.
There are detailed rules governing how employee representatives are to be elected…
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