Of course it is not just collective redundancy situations which
require an employer to undertake consultation. The Transfer of
Undertakings (Protection of Employment) Regulations 2006 (TUPE)
also necessitates employers undertaking consultation and is another
area that can cause difficulties. In two recent cases the EAT have
considered first, whether employee representatives had been
correctly appointed and secondly, whether the duty to consult
applied to employees retained in the business after part of it was
sold.
Under Regulation 13 of TUPE the employer is under a duty to
consult the appropriate representatives of any "affected
employees", which in turn is defined as "any employees of
the transferor or the transferee (whether or not assigned to the
organised grouping of resources or employees that is the subject of
a relevant transfer) who may be affected by the transfer or may be
affected by measures taken in connection with it".
