0370 270 6000

TUPE – A more measured approach needed

10 September 2010

The TUPE regulations require outgoing employers to inform and consult with employee representatives if they envisage taking measures in respect of employees. Outgoing employers rarely take such measures, or so we thought.

In Todd v Strain the transfer happened on 4 January 2008. The outgoing employer paid wages for 1 to 3 January shortly after the transfer, rather than at the end of the month, estimating the PAYE deductions. The Employment Appeal Tribunal decided that this was a “measure” that required consultation. This decision means that seemingly harmless administrative steps needed in TUPE transfers that have no adverse consequences for employees are ‘measures’ requiring consultation – an obligation to be taken seriously, since an Employment Tribunal can award up to 13 weeks’ pay per employee for a failure to comply.

Such a literal interpretation of the regulations is surely not what was intended?

Related opinions

Vaccinations in the Workplace: a higher expectation than one may think

There is currently no legislation requiring employees within the UK to have the COVID-19 vaccine. However, a recent Acas survey found that approximately 22% of employers intend to require their new staff to have the COVID-19 vaccination, and 21% would require their existing staff to be vaccinated too.

View blog

Fire and Re-hire

In late March, P&O Ferries made 800 members of staff redundant instantaneously and with no notice, to then go on to replace them with cheaper agency workers. This sparked wide range shock and triggered government interest in introducing a new statutory code of practice covering fire and rehire.

View blog

Planning the future of mental health and wellbeing

Throughout the pandemic with the Covid-19 isolations and with many of us (still) working from home, there seems to have been sea-change, a recognition of the importance of mental health and wellbeing.

View blog

Trans Rights: A transitionary phase socially, politically and legally.

31 March was International Transgender Day of Visibility: a day to celebrate the transgender community whilst raising awareness of the discrimination they face on a daily basis.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up