TUPE query

[Daytrip]

The company I work for has been informed that from 2nd Aug 21 the services provided by them will be transferred to new providers..

As part of this some employees will be TUPE'd over to 2 companies providing the same services.

Initial announcement was made 6th April but as yet we have had no dates for consultation meetings or any contact from the two new companies with any employee.

I understand there are no legal timescales for completing these consultations.

We have elected employee representatives for each department and are chasing our current HR but they have no information for us..... so several questions

Can we approach the new providers direct?
How long is reasonable for us to wait for consultation?
Are there any grounds for constructive dismissal if the new companies do not consult in a certain timescale?

Any info from similar experience would be appreciated

[ULA]

As you say there is no specified minimum period over which consultations must be conducted prior to TUPE, however Regulation 13(2) of the Transfer of Undertakings (Protection of Employment) Regulations states that employers must provide the required information to employee representatives "long enough before a relevant transfer to enable the employer of any affected employees to consult the appropriate representatives".

As part of any transfer there is a period of due diligence whereby the current employer provides information to the new employer and in this case employers. What they may be doing is reviewing this information before sending your current employer what is called a "measures" letter whihc explains any changes the new employers are planning to make. This information needs to be provided to the representatives.

By law, your employer must inform and consult when they make a TUPE transfer, if they do not do this then potentially an employment tribunal claim can be made and if successful, you could receive up to 13 weeks' pay.