Timescale for TUPE consultation 




There is no minimum or fixed consultation period under TUPE. The employer must consider any representations made and reply, with reasons for objection where appropriate (regulation 13(6), TUPE). Most importantly, consultation must be meaningful. The case examples on meaningful consultation in Chapter 11: Redundancy: Collective consultation, are equally relevant here.




The requirement for consultation to be meaningful means that employers must engage in TUPE information and consultation as early as practically possible. Unions generally expect to be consulted not only on the operational implications of a transfer but also on the strategic question of whether outsourcing is needed at all, and on possible alternatives, such as an in-house bid. The legal duty to inform and consult the union under TUPE is not triggered until the employer has decided on a transfer and has a proposed transfer date.
Even so, reps should try to encourage earlier discussions and information sharing. Ideally, there will be a collective agreement on information and consultation providing for union involvement from the start. In any event, where a transfer will almost inevitably lead to collective redundancies, reps should be consulted earlier, on the strategic proposal to transfer the business (see UK Mining v NUM [2007] UKEAT 0397/06/2709, discussed on page 376, Chapter 11). Also, if there is an information and consultation agreement in place under the Information and Consultation Regulations 2004, the employer must consult at an earlier stage (see Chapter 5, page 158).