Anyone in HR - advice please

[snowsfairy2]

Hello, looking for some personal advice if that’s okay. I’m in HR but more ER so not too well versed in TUPE process. My husband works for a small tier three contractor, only employee, other 5 are ‘self employed’ or CIS on paper but probably are inside of IR35.
His employer has just let on they are moving over to the contractor. As far as I’m aware this isn’t possible for self employed if a true TUPE situation. Not even sure it’s going to be all above board. Am I correct in thinking his salary should be protected? Can we expect a true consultation considering he’s a sole employee?
I’d appreciate any other pointers as I’m a bit out of my depth?

It is always tricky to advise without all of the info, but the Acas site is usually a good place to start for basic info / process: https://www.acas.org.uk/tupe/advice-for-employers-and-employees

Thank you. I’m aware or the undertakings in usual processes, the fact others are self employed is throwing me off

Bit of red herring, I think.
even including them as employed doesn’t seem to meet threshold for collective consultation, so it would be individual meetings.
focus on ensuring they follow process re your DH; and that he gets what he is entitled to.
from Acas, the following t&cs typically move with worker to new employer:

• job title and role
• pay, including any overtime pay
• contractual bonuses
• commission
• sick leave and pay
• holiday leave and pay, including any outstanding holiday pay or any arrangements to carry over holiday from previous leave years
• allowances
• insurance-based benefits
• contractual enhanced redundancy pay
• any terms agreed through collective agreements between an employer and a trade union
• any contractual terms from other sources, for example from a staff handbook or an agreement affecting many employees
• any terms that might not be in an employment contract, for example a lorry driver needing a valid driving licence to work