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JGM, Solicitor
Category: UK Law
Satisfied Customers: 11563
Experience:  30 years as a practising solicitor.
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Under Regulation 13(4) how far in advance of the transfer

Customer Question

Under Regulation 13(4) how far in advance of the transfer date is the transferee obliged to provide measures?
JA: Are you in the UK or are you in the States?
Customer: Uk
JA: What action has been taken so far? What's your ideal outcome?
Customer: A basic set of due diligence has been provided but not in full compliance with the transferors obligations and insufficient for us to make a confirmed stance in regards ***** ***** work redundancy in an appropriate time frame. The anticipated transfer date is likely to commence 31.03.2017. At this stage their is no ideal outcome as this is still a commercial decision to be made. I just want to know how far in advance we need to provide a full set of measures?
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, that's all. Thanks.
Submitted: 11 months ago.
Category: UK Law
Expert:  JGM replied 11 months ago.

There are no precise time limits by which employers must provide the required information and consult in a TUPE situation.

Regulation 13 of TUPE simply states that the information must be provided “long enough before a relevant transfer to enable the employer ... to consult the appropriate representatives...” and is therefore a matter of fact and degree if there is a challenge to the way the employer has acted.

There is a decision called Cable Realisations Ltd -v- GMB Northern. That says that employers must provide the information in good time for voluntary consultation to take place, even if they do not envisage taking any measures and there is therefore no statutory obligation to consult. So you have to make a judgment as to what is reasonable based on your business. I hope that helps. Please leave a positive rating so that I am credited for my time.