to make it clear in statute that consultation which begins pre-transfer can count for the purposes of complying with the collective redundancy rules, provided that the transferor and transferee can agree and where the transferee has carried out meaningful consultation to improve the TUPE process for micro businesses by allowing such businesses to inform and consult directly affected employees when there is no recognised independent union, nor any existing appropriate representatives to retain the rules about employee liability information and extend the time before the transfer when it must be given to the transferee to 28 days. repeal the service provision change rules allow a transferor to rely on a transferee’s economic, technical or organisational reasons to dismiss an employee prior to a transfer amend Regulation 4(9) (a substantial change in working conditions to the material detriment of an employee). Draft regulations are not included in the response and a date of implementation is also not mentioned. However, as we reported recently (see the link below), BIS has apparently said that January 2014 is likely. The consultation response also outlines where the government was persuaded by the strength of the submissions not to change the TUPE Regulations. The government will not :
Employment law and legislation changes coming in to force on 1 October 2013
1 October 2013
From 1 October a number of key changes will be made to legislation covering executive pay, third party harassment provisions, pension protection from TUPE transfers and the National Minimum Wage.
Executive pay
The aim of the new rules is to ensure greater transparency for board pay and to encourage engagement between shareholders and companies. The major changes are: Next year shareholders will have a binding vote on board pay; Directors who authorise payments not approved by shareholders will be personally liable; and Much greater disclosure of board pay, including a single pay figure which will be subject to an advisory shareholder vote
Third party harassment provisions
The third party harassment provisions have been repealed as part of the Government's 'red tape' challenge, on the basis that they are unnecessary. However, employers may still be liable for acts of harassment by third parties, even if the act occurs after 1 October, as employees will be able to frame a claim in a different way. For example, an employer's failure to address third party harassment suffered by an employee could in itself amount to harassment or could give rise to a constructive unfair dismissal claim.
Amended protection for employee pensions rights on a TUPE transfer
CIPP Policy News Journal
16/04/2014, Page 94 of 519
Made with FlippingBook - Online magazine maker