Tupe consultation not adhered to

[Jcarver]

Hi,

I'm looking for some additional advice having already spoken to ACAS but wanting cast iron info.

The company I work for has gone into administration and been taken over by another company. This all took place within about 3-4 weeks although we are certain talks were ongoing for 6 months.
An emailed Q&A was sent out and we were told this is to be taken as the consultation. We have workforce representatives but they were ignored.

According to Acas, this is not correct consultation. My employer says it is and because it's administration not all of Tupe applies. Is this correct?

Obviously they stand to pay out 13 weeks pay per employee (workforce of 130+) if found to be at fault at tribunal.

Any advice greatly appreciated

[Kati]

Re: Tupe consultation not adhered to

tagging [MENTION=26290]mariefab[/MENTION] xx

[mariefab]

Re: Tupe consultation not adhered to

There isn't enough information to give you an answer.
But, while the requirement to inform and consult does still apply in insolvency/administration cases, sometimes 'special circumstances' and/or 'reasonable practicability' comes into play.

1. Were the Q&A emails sent by the transferor, the administrator or the transferee?
2. When, in relation to the transfer date, were the Q&A emails received?
3. Do the Q&A emails confirm that there will be no changes at all to your terms and conditions of employment?