Under reg. 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006, an employer is obliged to inform and consult the representatives of the “affected employees”. An “affected employee” is an employee who will or may be transferred; an employee whose job is in jeopardy by reason of the proposed transfer; or an employee who applied for a job in the part of the business to be transferred: Unison v Somerset County Council [EAT/0043/09].
A non-transferring employee who may apply for a job in the transferred part of the business is not “affected employee” even though they would no longer be notified about such a job before it was advertised externally. Therefore, an employer is not legally obliged to inform and consult the representatives of such an employee.