Is there a duty to inform even if there is no duty to consult?

Yes. Although the duty to consult is only triggered when “measures” are envisaged, the duty to inform arises on every transfer. This is because properly informing employees helps them to make representations to the employer, to decide whether to object and to plan for the future.

Employers often choose to engage in voluntary consultation. In other words, they consult even though no measures are envisaged. Reps must be given all necessary information so that any consultation is genuine and meaningful, regardless of whether it is voluntary or compulsory. Just because consultation is voluntary does not make it any less important that it is genuine and meaningful (IPCS v Secretary of State for Defence [1987] IRLR 373, Cable Realisations Limited v GMB Northern [2009] UKEAT 0538/08/2910).