Employees in the part of a business being retained by a seller are not entitled to TUPE information and consultation rights when another part of the business is sold simply because this diminishes their hypothetical future career opportunities.

The obligation to inform and consult representatives only applies in respect of employees who will be or may be transferred, those whose jobs are in jeopardy by reason of the proposed transfer, and those who have internal job applications pending at the time of transfer – not those who might apply to work in the part being transferred in the future. (Unison v Somerset County Council and others, EAT)