Before a TUPE transfer employers must inform representatives of affected employees about timing, reasons, implications and measures planned. Where measures are envisaged, consultation with a view to agreement is required. If no representatives already exist, employers with fewer than 50 employees or transferring fewer than 10 employees may inform and consult affected employees directly. See Acas.
If an employer fails to inform and, where required, consult, a tribunal can award up to 13 weeks' uncapped gross pay per affected employee. Liability depends on the breach. In Great Britain claims normally have a three-month-less-one-day limit from transfer, subject to Acas early conciliation; Northern Ireland differs.
Not sure if TUPE applies to you? Use the free TUPE eligibility checker.