Information & Consultation Obligations

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Both the transferor and transferee are required to inform the representatives of the fact that a transfer is to take place, the date or proposed date of the transfer and the reason for it together with the legal, social and economic implications of the transfer for any affected employees.

Consultation on any measures proposed in relation to the transfer requires a duty to consult with the appointed representatives or directly with the affected employees. Such information must be provided long enough before the transfer to enable meaningful consultation to take place.

The transferor is obliged to provide the transferee with details of the transfer of employees in relation to:

• Identity and age
• Information in their Written Statement of Main Particulars of Employment
• Information relating to any disciplinary action
• Information relating to any grievances
• Information about any legal action brought about against the transferor within the previous two years and any potential legal action that may be brought
• Information relating to any collective agreements which will affect the transfer
• Information relating to all employees who would have been employed by the transferor and assigned to the group of employees affected before the transfer if they had not been unfairly dismissed.

The above information must be correct at a specified date, not more than 28 days before the date it is notified to the transferee.

The notification must be given not less than 28 days before the transfer. If this is not possible then it must be given as soon as is reasonably practicable thereafter.

Employment Tribunal proceedings can be brought by both employees and transferees for failure to provide proper consultation and information.

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