LRD guides and handbook February 2014

TUPE - a guide to using the law for union reps

Chapter 4

Is there any statutory duty on transferor and transferee to consult with each others’ workforce before the transfer, as opposed to their own?

[ch 4: page 44]

No. There is no statutory duty on the transferee or the transferor to consult with each others’ workforce (UCATT v Glasgow City Council [2008] UKEAT/7/08). The statutory duty requires the transferor to consult with its own employees and the transferee to consult with its own employees, in each case before the transfer takes place.