Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Consultation definition

What does Consultation mean? In pensions practice, consultation is the employer’s statutory duty to consult affected members or their representatives before implementing material changes to an occupational pension scheme. In England & Wales and Scotland this duty is set out in the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006, made under the Pensions Act 2004, with corresponding regulations in Northern Ireland and oversight by The Pensions Regulator (TPR). The duty typically applies to employers with at least 50 employees and requires at least 60 days’ consultation with active and prospective members (or recognised unions), providing sufficient written...

TUPE 2006 (Great Britain): information and consultation duties, 2024 small‑business/small‑transfer variations, pre‑transfer redundancy consultation, special circumstances defence, employee liability information and remedies

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Practice notes

Where there is a business transfer or service provision change amounting to a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, the transferor and the transferee have certain obligations to inform and consult

This Practice Note explores the obligations to inform and consult under TUPE 2006, setting out what amounts to a relevant transfer, who must carry out the duties (transferor and transferee), and who must be engaged in the process...

Affected employees and any proposed measures
Appropriate representatives, including trade union and employee representatives, and Arranging elections
The rights of appropriate representatives
Variations for small businesses, small transfers and TUPE microbusinesses
The duty to inform and the duty to consult
Pre-transfer collective Consultation about post-transfer dismissals under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992)
Post-transfer obligations
Consequences of failing to inform or consult and the special circumstances defence
The requirement to notify employee liability information (ELI) to the transferee, notification or disclosure of ELI and remedies for a failure to notify
EU-derived provisions made to implement Directive 2001/23/EC (the Acquired Rights Directive) form part of assimilated law...

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Web page updated on 21/05/2026

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