Who has to consult on a TUPE transfer?

Both the outgoing (transferor) and incoming (transferee) employer under Regulation 13 TUPE 2006. Both must inform and consult with employee representatives about the transfer and any measures affecting employees. Failure attracts protective award of up to 13 weeks pay per affected employee.

How long is TUPE consultation?

TUPE does not prescribe a specific minimum. 'Long enough before' the transfer to allow meaningful consultation - typically 4-6 weeks for simple transfers, 6-12 weeks for transfers with measures, 12+ weeks for complex cases. Consultation compressed into days is almost always defective.

What is a protective award?

Compensation for failure to consult properly - up to 13 weeks gross pay per affected employee. Awarded by employment tribunal. In addition to any other award (unfair dismissal, redundancy pay). Both employers can be jointly and severally liable. Claim within 3 months of the transfer date.

Can employee representatives be elected specifically for TUPE?

Yes. Where no trade union is recognised, the employer must facilitate an election. Sufficient representatives to cover affected employees, fair voting process, representatives from the workforce. Failure to hold a valid election is itself a breach that can trigger protective awards.

TUPE Consultation UK (2026): Duty, Timelines + Protective Awards

Why this matters right now

TUPE consultation failure is one of the highest-value tribunal grounds in UK employment law - the protective award of up to 13 weeks pay per employee compounds quickly across affected workforces. 2024-25 saw multiple large protective awards in outsourcing and business-transfer cases where consultation was rushed or bypassed. Employees who understand the process can identify breaches and secure material compensation.

Who must consult

Regulation 13 TUPE 2006 imposes the duty on both:

Transferor - the outgoing employer.
Transferee - the incoming employer.

Both must inform and consult with employee representatives (or a recognised trade union) about the transfer and any measures they envisage taking that will affect employees.

What information must be provided

Under Regulation 13(2), the following must be provided in writing to employee representatives:

The fact that the transfer is to take place, when it will take place, and the reasons for it.
The legal, economic and social implications for the affected employees.
Any measures the employer envisages taking in connection with the transfer (or a statement that no measures are envisaged).
Any measures the transferee envisages taking in connection with the transfer of transferring employees (or a statement that no measures are envisaged).

Information must be provided "long enough before" the transfer to allow meaningful consultation.

Case example: protective award for defective consultation

A facilities management contract worth £2m annually transferred from Contractor A to Contractor B in July 2024. Contractor A informed staff two weeks before the transfer. Contractor B refused to attend consultation meetings, saying "not our issue until we take over". Both employers were subsequently held in breach of Regulation 13.

Tribunal award: 8 weeks pay per affected employee (35 staff) = 280 weeks total pay + £70,000 aggregate protective award. Both employers jointly and severally liable. The lesson: consultation is a two-employer duty; the incoming employer cannot delegate it to the outgoing employer.

Employee representatives

Consultation is with:

A recognised trade union if one is recognised for the affected employees.
Otherwise, elected employee representatives. Employer must facilitate the election.

Election requirements:

Sufficient number of representatives to represent all affected employees.
All affected employees can vote.
Election is fair (not stitched up).
Representatives are members of the affected workforce.

Failure to hold a valid election is itself a breach and can trigger protective awards.

Timeline expectations

TUPE does not prescribe a specific minimum notice period. "Long enough before" the transfer is judged case by case. Best practice:

Simple transfers with no measures: 4-6 weeks minimum.
Transfers with individual dismissals or changes: 6-12 weeks.
Complex or large transfers: 12+ weeks.

Consultation compressed into a few days is almost always defective.

Genuine consultation vs rubber stamp

Consultation must be genuine - not a rubber stamp. Case law (particularly Junk v Kuhnel) requires:

Employer provides adequate information.
Employer allows adequate time for representative response.
Employer conscientiously considers representations.
Consultation begins before decisions are made, not after.

Consultation initiated after the transfer decision is essentially final is defective.

Protective awards

Where consultation fails, tribunal can award a "protective award" - up to 13 weeks pay per affected employee. Factors:

Seriousness of breach (deliberate vs accidental).
Whether any consultation happened.
Prejudice caused to affected employees.

Protective award is in addition to any other award (unfair dismissal, redundancy pay). Both employers can be jointly and severally liable.

Time limit: claim within 3 months of the transfer date.

Measures affecting employees

Common "measures" that must be consulted on:

Redundancies at either employer.
Changes to working locations or working patterns.
Changes to reporting lines or role responsibilities.
Changes to pension arrangements.
Harmonisation of terms and conditions (though usually not lawful for transferred employees).
New restrictive covenants imposed by the transferee.

Where no measures are envisaged, the employer must still state that fact - silence is not compliance.

Interaction with individual consultation

TUPE consultation is separate from and additional to individual consultation on any subsequent dismissal (redundancy or ETO reason). Where redundancies follow a transfer, both TUPE consultation AND individual redundancy consultation are required.

Useful calculators

Related guides

Authority pages

Frequently asked questions

Who has to consult on a TUPE transfer?: Both the outgoing (transferor) and incoming (transferee) employer under Regulation 13 TUPE 2006. Both must inform and consult with employee representatives about the transfer and any measures affecting employees. Failure attracts protective award of up to 13 weeks pay per affected employee.
How long is TUPE consultation?: TUPE does not prescribe a specific minimum. 'Long enough before' the transfer to allow meaningful consultation - typically 4-6 weeks for simple transfers, 6-12 weeks for transfers with measures, 12+ weeks for complex cases. Consultation compressed into days is almost always defective.
What information must be provided?: Fact and date of transfer with reasons, legal/economic/social implications for affected employees, any measures either employer envisages taking. Where no measures are envisaged, employer must still state that fact - silence is not compliance.
What is a protective award?: Compensation for failure to consult properly - up to 13 weeks gross pay per affected employee. Awarded by employment tribunal. In addition to any other award (unfair dismissal, redundancy pay). Both employers can be jointly and severally liable. Claim within 3 months of the transfer date.
Can employee representatives be elected specifically for TUPE?: Yes. Where no trade union is recognised, the employer must facilitate an election. Sufficient representatives to cover affected employees, fair voting process, representatives from the workforce. Failure to hold a valid election is itself a breach that can trigger protective awards.

Sources and further reading

TUPE Regulations 2006 — Primary TUPE framework.
Collective Redundancies and TUPE Regulations 2014 — Amendments to consultation rules.
ACAS: TUPE — Free guidance.
ACAS — Free, impartial UK employment advice.
GOV.UK: Transfers of employment (TUPE) — Government guidance.

General information about UK employment law, not legal advice. For your situation, contact ACAS or an employment-law solicitor.