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Document updated/added on 06.04.2020

Topic: Changing terms & conditions and TUPE

TUPE employee reps election result notice
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TUPE employee reps election result notice

TUPE employee reps election result notice

Where you’ve held an election for employee representatives in a TUPE transfer situation, once the election process has been completed, affected employees will need to be advised of the outcome.

Information and consultation

The law imposes far-reaching obligations on employers to inform and, where necessary, consult with the appropriate representatives of the affected employees about proposed transfers covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). If you envisage that you’ll be taking measures in relation to your affected employees in connection with the TUPE transfer, then you must also consult as well as inform, with a view to seeking the representatives’ agreement to the measures to be taken.

Appointment of employee representatives

Where you have no recognised trade union and no current employee representatives who have authority to act for this purpose, you’ll need to invite affected employees to nominate employee representatives - see our Invitation to Nominate as Employee Representative in TUPE Situations. Once nominations have closed, you’ll then need to hold an election by secret ballot, using our Letter inviting Employees to Elect Employee Representatives and Ballot Form for Election of Employee Reps, unless there are fewer nominations than, or the same number as, the number of representatives proposed, in which case those nominees can be declared as appointed without the need for a ballot. When asking for nominations, it’s up to you to determine the number of representatives to be elected; you just need to ensure there are sufficient representatives to represent the interests of all the affected employees. You can also determine whether the affected employees should be represented either by representatives of all affected employees or by representatives of particular classes of those employees, e.g. divided up by department or location. Micro-businesses with fewer than ten staff are permitted to inform and consult with their employees directly, provided there are no appropriate representatives already in place and they haven’t invited any of the affected employees to elect employee representatives.

Election results

When you’re ready to announce the outcome of the election, use our TUPE Employee Reps Election Result Notice. The election result should be declared on a first past the post system, i.e. who gets elected is simply who secures the highest number of votes. Our letter confirms the identity of the individuals who are to be the new employee representatives for the purposes of the TUPE transfer. Our letter also explains what the role of the employee representatives is in the process, so that affected employees can understand exactly how their interests will be represented. This includes: receiving the information you provide about the TUPE transfer and about any proposed measures; sharing that information with the employees they represent and obtaining their views; attending consultation meetings; making representations to you and letting you know employees’ views and questions; and keeping employees informed of progress and developments.

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