The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023

Amendment of the Transfer of Undertakings (Protection of Employment) Regulations 2006

This section has no associated Explanatory Memorandum

9.—(1) Regulation 13A of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (micro-business’s duty to inform and consult where no appropriate representatives)(1) is amended as follows.

(2) In the heading for “Micro-business’s” substitute “Variation to the”.

(3) In paragraph (1), for sub-paragraph (a) substitute—

(a)at least one of the following conditions is satisfied—

(i)the employer employs fewer than 50 employees;

(ii)there are fewer than 10 transferring employees..

(4) After paragraph (1) insert—

(1A) For the purposes of paragraph (1)(a)(ii), “transferring employees” means the employees who work for the transferor and who are to be (or are likely to be) transferred to the transferee’s employment under a relevant transfer..

(1)

Regulation 13A was inserted by S.I. 2014/16.