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Both parties to a TUPE transfer are required to provide certain information to appropriate representatives of their own Employees who will be affected by the transfer.
For the Transferor, this includes informing and consulting with their own Employees regarding any measures the transferee envisages that it will take in relation to the transferring Employees as a result of the transfer or, if the Transferee envisages taking no measures, of the fact that no measures are proposed.
Employers must be aware that the ability to vary terms and conditions of employment on a TUPE transfer is severely limited and legal advice should be sought in the first instance.
Pre-transfer consultation by the Transferee will count for the purposes of the Transferee’s compliance with their collective redundancy consultation duty only if:
This letter contains an optional paragraph to obtain the Transferor’s agreement for the Transferee to consult with the Transferor’s Employees prior to the transfer, regarding the measures envisaged.