TUPE Consultation obligations to change in 2024: A change long overdue

In our view, this amendment to TUPE is welcome and reflects the practical need for employers to consult directly in such cases, rather than having to elect representatives to do so.

The government is amending TUPE in order to remove the requirement to elect employee representatives for:

• employers with fewer than 50 employees; and
• employers of any size in a transfer of fewer than ten employees.

Instead, employers in such cases will be able to consult directly with employees, where no existing employee representatives are in place.

The new regime will apply to transfers that occur on or after 1 July 2024.