12/27/2023 0 Comments Inform consultingThey get the employees views and feed them back at the consultation meetings that need to be held with them. The representatives must then be given the opportunity to discuss the process with the employees and obtain feedback. This should really be done on the day they are elected or very soon thereafter. Once employee representatives are in place (if they are not already) the relevant information set out above (in point 5) must then be provided to the representatives in writing and it must be accurate. If there are no elected representatives, the employees must be given the opportunity to elect representatives (unless the employer employs less than 10 employees). If a union or employee representatives are already in place, the affected employees should be advised of that information and if required consultation will take place with the union. This is normally done in a meeting forum or via an announcement. The first step is to inform the affected employees of the proposed transfer. Information about agency workers must be given in respect of the transferor’s entire business, not just that part that is to be transferred, and is not limited to those agency workers who are employees.the type of work those agency workers are carrying out.the parts of the employer’s undertaking in which those agency workers are working and. the number of agency workers working temporarily for and under the supervision and direction of the employer.The information provided to the representatives must also include “suitable information” relating to the use of agency workers (if any) by the employer.The transferee has a statutory obligation to provide ELI to the transferor in time to allow the transferor to perform its obligation to give the relevant information to the union/ employee representatives.As explained this information will have to be obtained from the transferee. The measures which it is envisaged will be taken in connection with the transfer in relation to “any affected employees” or, if no measures are to be taken, that fact.What is meant by “legal, economic and social implications” will be a question of fact in each case. The legal, economic and social implications of the transfer for the affected employees.The fact of the transfer, the date (or proposed date) when it is to take place and the reasons for it.The relevant information that must be provided to the employee representatives: What information must the transferor give to the employee representatives? It is likely there will be some indemnities in any commercial agreements regarding such failings too.įrom the ELI the transferee will be able to inform the transferor if there are any ‘measures’ it envisages as a result of the transfer which the transferor can then consult the employees affected about.Ħ. The Tribunal is able to award a lesser sum if it considers it is inequitable and/ or unjust to award that minimum sum. The compensation awarded in a successful claim would be a minimum of £500 for each employee for who the information was either not provided or was defective. There is a three-month time limit to present such a claim. If the transferor fails to comply with the obligation to supply ELI, the transferee may complain to the Employment Tribunal and may be compensated for the losses suffered as a result of the transferor’s failure to comply. information of any collective agreement which will have effect after the transfer.information of any court or tribunal case, claim or action brought by an employee within the last two years or which the seller has reasonable grounds to believe an employee may bring and.information as to any disciplinary procedure taken against an employee and any grievance procedure taken by an employee within the last two years.Special circumstances here is likely to mean a situation where the identity of the transferee was not known until late in the process or where the transfer takes place at short notice. The transferor is under an obligation to provide ‘employee liability information’ (ELI) to the transferee not less than 28 days before a transfer or, if special circumstances make this not reasonably practicable, as soon as reasonably practicable thereafter. What information must the transferor give to the transferee
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