TUPE Changes

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The new TUPE Regulations have now been published, are currently before Parliament and due to come into force on 31st January 2014. There are some transitional provisions that will apply to information and consultation for small businesses and employee liability information but those involved in outsourcing, insourcing or sales/acquisitions of businesses need to get up to speed with the new Regulations for transfers after this date.

The main changes for businesses are:

  • Allowing small businesses to consult directly with affected staff rather than have to elect representatives;
  • With the transferor’s written consent permitting consultation to start prior to transfer and count towards the collective redundancy consultation obligations;
  • For up to one year post transfer, allowing collective agreement terms to be renegotiated for up to one year post transfer;
  • Clarification that a service provision changeover only occurs where the transferring activities are fundamentally the same;
  • Post transfer changes to contracts in terms of location can amount to an ETO reason for unfair dismissal and variations to contract purposes.

Guidance is expected in due course on the new Regulations and we will cover the key changes in our forthcoming training seminar so register your interest now.

Written by
Robin Aston
17th January 2014