Agency workers and collective consultation: don't get caught out

A recent employment tribunal decision is a timely warning to employers who may not be aware that the law relating to collective consultation on a TUPE transfer and where more than 20 redundancies are proposed has changed.

In October 2011, the Agency Workers Regulations introduced a requirement for “suitable information” about the use of agency workers by the employer to be given to employee representatives during collective consultation on a TUPE transfer or where mass redundancies are proposed. Suitable information means:

  • The number of agency workers working temporarily for and under the supervision and direction of the employer.
  • The parts of the employer’s undertaking in which those agency workers are working.
  • The type of work those agency workers are carrying out.

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