The Transfer of Undertakings (Protection of Employment) (Transfer of Staff to the Office of Communications) Regulations 2024
These Regulations implement Directive 2002/74/EC of the European Parliament and of the Council of 13 September 2002 laying down minimum standards for the information and consultation of employees in undertakings, businesses and establishments with complex organisational structures in the Community.
The Regulations apply to the transfer of an undertaking, business or part of an undertaking or business to another undertaking or person where the transfer involves a change in ownership or control of the undertaking, business or part of the undertaking or business.
The Regulations provide that the transferor (the person transferring the undertaking, business or part of an undertaking or business) must provide the transferee (the person to whom the undertaking, business or part of the undertaking or business is transferred) with information about the transfer and the effects of the transfer on the employees of the undertaking or business.
The information must be provided in writing and must include the following:
- the reason for the transfer;
- the date of the transfer;
- the legal, economic and social implications of the transfer for the employees;
- the measures envisaged to safeguard the employees’ rights and interests;
- the measures envisaged to inform and consult the employees.
The transferee must provide the employees with the information provided by the transferor and must also consult with the employees about the effects of the transfer on them.
The consultation must be carried out in accordance with the following principles:
- the consultation must involve the employees’ representatives;
- the employees’ representatives must be given sufficient time to consider the information provided by the transferee and to prepare their response;
- the employees’ representatives must be given the opportunity to express their views on the effects of the transfer on the employees;
- the transferee must take into account the views of the employees’ representatives when making decisions about the effects of the transfer on the employees.
The Regulations also provide that the employees’ rights and interests must be protected in the event of a transfer of an undertaking, business or part of an undertaking or business.
The rights and interests that must be protected include the following:
- the employees’ terms and conditions of employment;
- the employees’ rights to information and consultation;
- the employees’ rights to collective bargaining;
- the employees’ rights to health and safety;
- the employees’ rights to equality and non-discrimination.
The Regulations also provide that the transferee is liable for any debts or liabilities of the transferor that relate to the transferred undertaking, business or part of an undertaking or business.
The Regulations came into force on 1 January 2024.
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