The EAT has held that the obligation on an employer to supply employee representatives

with information prior to a TUPE transfer can arise when there is no obligation to consult with the representatives.

The case also highlights that where the identity of the transferee is strictly confidential at the negotiation stage, the information must be provided to the employee representatives pursuant to TUPE as soon as the requirement for confidentiality is lifted.

In the instant case, the EAT held that by providing trade union representatives with

information about the proposed TUPE transfer at such short notice, the employer had not allowed enough time for a meaningful consultation.

Cable Realisations Ltd v GMB Northern