In a recent case, the EAT ruled that even though administrative changes are usually necessary during a TUPE transfer and even where it is not obvious that the change would disadvantage employees, employers are still required to inform and consult on the changes.
In this case, the employer did give some information on the proposed change to the date on which the employees would be paid each month following the transfer, but not enough. It also failed to elect employee representatives. In deciding a remedy the EAT held that the 13 week award should only be the starting point if there has been a complete failure to engage in the information/consultation process.
If you are concerned about whether you need to implement the information and consultation process in a TUPE transfer situation following this case, please do not hesitate to contact us.
Todd v Care Concern