By law, both the old and new employers must inform and consult before a TUPE transfer.
They must inform and consult with affected employees and their representatives.
'Inform' is when the employer tells affected employees or their representatives the facts about the transfer.
'Consult' is when the employer:
- talks and listens to affected employees or their representatives about expected 'measures' – measures are changes that could affect employees
- genuinely considers the views of affected employees or their representatives