09 November 2023

Within the Department for Business and Trades (DBT’s) response to the EU Retained Law consultation was an update on changes to how we deal with TUPE for small businesses and very small transfers.

The draft regulation propose that these new rules would impact transfers taking place on or after 1 July 2024.

“The government will proceed with the planned reforms to the TUPE consultation requirements. These reforms will allow small businesses (with fewer than 50 employees) and businesses of any size undertaking a small transfer (of fewer than 10 employees) to consult directly with their employees if there are no existing worker representatives in place.”

These changes are permissive only, businesses will still have the choice to elect and consult with a worker representative if they would prefer to do so.

All existing protections for discrimination stay in place and so employers must still conduct individual consultations with the same care and consideration as normal.


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