Employees transferring to a new employer in a TUPE situation have the right to be consulted, but the rules on which employer has the duty to consult, when this should take place, and for how long, can be confusing.
Questions on employers’ TUPE consultation duties feature in the top 10 FAQs on XpertHR for January, alongside the expected questions surrounding the General Data Protection Regulation.
Also in the top 10 is a question on whether employees can take two shorter breaks instead of one 20-minute rest break. This follows the EAT’s decision in Crawford v Network Rail Infrastructure, which addressed this issue.
The top 10 HR questions in January 2018:
1. What is the General Data Protection Regulation (GDPR)?
3.What is the time period over which the employer must consult on a TUPE transfer?
6. When can employers rely on employees’ consent to process their data under the GDPR?
10. Should employers ask job applicants for consent to process their data under the GDPR?