Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 and the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (generally referred to as “TUPE”), the legal protections for employees being transferred between companies in NI are largely similar to those in GB, with the only differences being that the 2014 amendments to TUPE which were introduced in GB do not apply in NI. These differences include:

• Micro business (< 10 employees, no union or elected representatives)

GB: These businesses can inform and consult directly with their employees rather than through employee representatives.

NI: Strictly, all employers have to comply with their information and consultation obligations with their union/elected representatives.

• Consultation regarding redundancies-

GB: The new employer (transferee) can consult with the current employer’s (transferor’s)

employees about proposed collective redundancies prior to the transfer taking place, provided the transferor agrees to this.

NI: While TUPE does not prevent the new employer consulting about redundancies in advance, the minimum required period for redundancy consultation (30 days for 20-99 employees, and 90 days for 100 plus affected employees) is not deemed to start prior to transfer.

• Deadline for the transferor to provide employee liability information-

GB: The information must be provided at least 28 days prior to the transfer.

NI: The information must be provided at least 14 days prior to the transfer.

Legal Island Training Resources for Your Staff

HR Toolkit | eLearning Course

Are you responsible for overseeing the implementation of training for all employees in your organisation?
Legal Island has created an HR Toolkit that aims to provide comprehensive training to assist HR professionals in supporting line managers and employees throughout the employee journey. The suite of courses will offer practical advice to assist you in updating your processes and procedures and help you understand your legal obligations.

Click here to view our HR toolkit.