Transfers - the key developments

• Even when there is no compulsory consultation on a transfer because no measures are intended to be taken against affected employees, the employer must still give the employees’ representatives the required TUPE information long enough before the transfer to allow for any voluntary consultation (case 1).

• Those employees “affected” by a transfer, and whose representatives must therefore be consulted, do not include everyone in the workforce who might apply for a vacancy in the part transferred at some time in the future (case 2).