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Pre-transfer consultation by the Transferee will count for the purposes of the transferee’s compliance with their collective redundancy consultation duty and will count towards the 30 or 45 day minimum consultation period only if:

• the Transferee notifies the Transferor in writing that it has chosen to carry out pre-transfer consultation with the affected Employees; and
• the Transferor agrees to the Transferee carrying out such consultation.

This letter can be used to obtain the Transferor’s agreement for the Transferee to consult with the Transferor’s Employees prior to the transfer, regarding proposed redundancies to take place after the transfer.