TUPE (Transfer of Undertakings (Protection of Employment))
Changes to TUPE regulations likely to come into force in January 2014
3 September 2013
According to a spokesman for the Department for Business, Innovation & Skills (BIS), changes to the TUPE regulations are likely to come into force in January 2014 instead of October 2013 as originally planned. Personnel Today reported in their news that the government is planning to publish its response to the consultation on proposed changes to the TUPE (Transfer of Undertakings (Protection of Employment)) Regulations in early September 2013. a repeal of the provisions on service provision changes, for example outsourcing and retendering a repeal of the requirement for the transferor to provide employee liability information limiting the future applicability of terms and conditions derived from collective agreements to one year from transfer. BIS said it was still finalising the timescale for the TUPE changes but that it plans to lay the draft regulations before Parliament in December 2013, with the intention that they come into force in January 2014 Proposed TUPE amendments include:
Government publish response to TUPE consultation
6 September 2013
In 2011 the government announced its intention to improve how the TUPE (Transfer of Undertakings (Protection of Employment)) Regulations work. Through a call for evidence and a consultation the government has now set out a reforming package of amendments.
In the government’s response they state that their reforms to the TUPE Regulations will remove unfair legal risks that businesses currently face when carrying out a transfer.
The response outlines a package of reforms that will improve how the TUPE Regulations work. Including the commitment to improve TUPE guidance, the government will amend regulations:
to allow renegotiation of terms derived from collective agreements one year after the transfer, provided that overall the change is no less favourable to the employee to provide expressly for a static approach to the transfer of terms derived from collective agreements so that changes in the location of the workforce following a transfer can be within the scope of economic, technical or organisational reasons entailing changes in the workforce, thereby preventing genuine ‘place of work redundancies’ from being automatically unfair to reflect the approach set out in the case law, namely that for there to be a TUPE service provision change, the activities carried on after the change in service provision must be “fundamentally or essentially the same” as those carried on before it
CIPP Policy News Journal
16/04/2014, Page 93 of 519
Made with FlippingBook - Online magazine maker