Policy News Journal - 2013-14

Following a consultation, new regulations take effect on 1 October 2013, which change the obligations on the transferee post-transfer in relation to employees who were or were eligible to be members of an occupational pension pre-transfer. Previously, the transferee was required to provide access to a scheme, which met certain requirements and, in most cases, was required to match contributions made by the employee, up to a maximum of 6% of salary. The new regulations give the transferee the option of satisfying its pensions obligations under TUPE by paying contributions that match those paid by the transferor for the relevant employee immediately before the transfer.

Increase to National Minimum Wage

The minimum wage will increase by 12p an hour to £6.31.

Draft Transfer of Undertakings (Protection of Employment) Regulations (TUPE) 2006

4 November 2013

Further to the government’s consultation on the TUPE Regulations, draft Regulations have now been published.

The draft TUPE Regulations still need to be finalised and agreed with Ministers. The government’s intention is to lay the Regulations before Parliament in December 2013, and plan that they will come into force in January 2014.

New TUPE Regulations implementation date

20 December 2013

The Department for Business, Innovation & Skills (BIS) has confirmed that the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2013 will come into force on 31 January 2014. BIS publishes a statement every six months which lists the new domestic regulations they intend to introduce within the ‘one in one out’ rule. Their latest seventh statement of new regulation covering regulations that come into force from January to June 2014 includes detail of the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2013 .

Proposed TUPE amendments include:

 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.

Guidance on TUPE Employment Rights published

16 January 2014

The Department for Business, Innovation & Skills has, at the last hour, published guidance on the revised 2006 TUPE Regulations and the 2014 Regulations.

CIPP Policy News Journal

16/04/2014, Page 95 of 519

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