Tribunal award: TUPE failure to inform and consult

The ceiling in weeks' pay on compensation for an employer who fails to inform and consult on a TUPE transfer, measured on actual pay with no statutory cap.

13weeks' pay

Primary source only Statutory Instrument Great Britain in force since 2006-04-06

Checked against its sources: statute verified 2026-09-21

Scope: A CEILING: "such sum not exceeding thirteen weeks' pay ... as the tribunal considers just and equitable". Unlike the capped-weeks awards of the Employment Rights Act family, this one is on the employee's ACTUAL week's pay — regulation 16(4) applies Chapter II of Part XIV of the Employment Rights Act 1996 but does not apply the section 227 limit on a week's pay — so there is no cash companion to publish beside it and none is derived. The protective award for failure to consult on collective redundancies (Protective award: maximum period (days), up to 180 days' pay) is a different remedy under different legislation.

Current sources

Source A · Legislationhttps://www.legislation.gov.uk/uksi/2006/246/made (SI 2006/246 reg 16(3) as made: "'Appropriate compensation' in regulation 15 means such sum not exceeding thirteen weeks' pay for the employee in question as the tribunal considers just and equitable having regard to the seriousness of the failure of the employer to comply with his duty"; in force 6 April 2006, reg 1(2))

retrieved 2026-09-11

History

Value	From	To	Status	Sources
13	2006-04-06	—	Primary source only	Legislation: https://www.legislation.gov.uk/uksi/2006/246/made (SI 2006/246 reg 16(3) as made: "'Appropriate compensation' in regulation 15 means such sum not exceeding thirteen weeks' pay for the employee in question as the tribunal considers just and equitable having regard to the seriousness of the failure of the employer to comply with his duty"; in force 6 April 2006, reg 1(2)) retrieved 2026-09-11

Receipt

Everything above is reproducible and independently checkable — no trust in this site required (how verification works).

Figure ID: employment.tribunal.tupe_inform_consult_award
Name in the API: Tribunal award: TUPE failure to inform and consult (weeks' pay)
Record fields (source type · unit · jurisdiction · status): si·weeks_pay·GB·single_source_A
Record hash (canonical JSON, SHA-256): sha256:ffcf6d598e56733950ea3f43a6069abfcb1f097f51a08a6793de7d170214f64c
Source snapshots (SHA-256): Legislation: sha256:96eab521d2d01fae1b54b4bcf0b7b1804be169bf8ce60a46138f7b5403e78c64
Listed in the signed manifest: release 3.0.0 manifest · record_hashes["employment.tribunal.tupe_inform_consult_award"]
Machine-readable record: /v1/figures/employment.tribunal.tupe_inform_consult_award · current only: /v1/figures/employment.tribunal.tupe_inform_consult_award/current

Compiler's notes

An SI carry (ADR-0014), and a HOST-STATES one: no textual amendment touches regulation 16(3), so the 2006 Regulations state the value by their own words and their as-made text is its own frozen witness. Both documents are hashed into this record and the verdict recomputed at Gate 2. No archived GOV.UK page states the thirteen weeks — the redundancy-consultation guidance covers the protective award instead — so the record is single_source_A by design.