Avoiding an Information and Consultation Calamity

19 minute read
23 November 2015

In this TUPE Club podcast: Avoiding an Information and Consultation Calamity, we cover some of the key recent developments in this tricky area.

Jane Fielding, a partner and Head of our Employment & Equalities Team and Louise Clifford, a director in our Employment & Equalities Team, discuss how to tackle some of the important issues for organisations, in terms of risk management, planning and employee relations.

With awards for breaching information and consultation obligations worth up to a quarter of the annual wage bill for affected staff and potential damages for not giving the right Employee Liability Information (£65,500 recently awarded by one tribunal), this is a process to get right.

Individual employees can even face criminal liability and disqualification from acting as a director if collective redundancy obligations are ignored.

We will explore some of the difficulties which arise and how employers can go about tackling them effectively.

Our experts answer these questions:

  • What are the main risks with employee liability information?
  • How can there be a criminal prosecution and serious consequences for directors if there is a breach of collective redundancy consultation obligations?
  • What is the latest case law on consulting with the correct representatives under TUPE?
  • Do employers have to inform and consult in every transfer? Are there ways for employers to avoid going through the process at all?


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