What about TUPE consultation after the transfer?

TUPE imposes a duty to inform and consult employees before the transfer. Any consultation about the transfer that takes place after the transfer date will not help an employer persuade a tribunal that it has complied with its statutory consultation duties under TUPE (UCATT v Glasgow City Council [2008] UKEAT 0007/08/1911). However, as a matter of good practice, there should be ongoing workforce consultation before and after the transfer.

Collective redundancies may be proposed as a result of the transfer. If so, separate collective consultation will be required under section 188 of TULRCA. For transfers taking place on or after 31 January 2014, the law has changed to permit pre-transfer collective consultation on redundancies in some circumstances. See later sections for more information. See pages 44-47 for more information.