Your TUPE Consultation Rights

Before a TUPE transfer, your employer must inform representatives of affected employees about the transfer, its timing and reasons, its implications, and any measures either employer plans to take. Where measures are planned, they must consult with a view to seeking agreement. Small employers (fewer than 50 staff) may consult employees directly.

Compensation for Failure

If an employer fails to inform and consult properly, a tribunal can award up to 13 weeks' gross pay per affected employee. Both the old and new employer can be jointly liable. Claims must generally be brought within 3 months of the transfer.

Not sure if TUPE applies to you? Use the free TUPE eligibility checker.