Changes to the consultation duties of micro-businesses

Under Regulation 13A of TUPE, introduced under the 2014 Regulations, new consultation rules are in place for micro-businesses, i.e. businesses that employ less than ten employees. These changes affect all transfers on or after 31 January 2014. These employers remain under a statutory duty to inform and consult in relation to TUPE. However, where there is no recognised union in place, an employer can choose to consult directly with the workforce instead of through representatives.