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Revised TUPE regulations come into force

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Lawson-West Solicitors - Expert Author

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Published 30th January 2014

The new Collective Redundancies & Transfer of Undertakings (Protection of Employment) Regulations 2014, (known as TUPE 2014), will come into force tomorrow, 31 January.

The reforms, which follow a consultation last year, are aimed at reducing bureaucracy and increasing flexibility around the regulations, which protect employee rights when the business or undertaking that employs them is transferred to a new employer.

Changes to the regulations which might benefit employers include:

  • The Service Provision Change (SPC) originally introduced in 2006 will continue but only where the new activities being carried out are “fundamentally the same as the activities carried out previously”
  • Employers are now able to count pre–transfer consultation towards collective redundancy timelines
  • Current employers have an extra 14 days to provide employee liability information
  • The new employers will be bound by the terms of a collective agreement as it is ‘frozen’ at the point of transfer
  • The dismissal of an employee under Regulation 7 of TUPE 2006 will now only be automatically unfair if the reason for the dismissal is the transfer itself
  • A change in the place of employment will now be a justifiable reason for dismissal, even where TUPE has led to the dismissal
  • Employers with fewer than ten employees will be allowed to consult directly with employees in relation to a relevant transfer where there is no recognised union.

by Vaishali Thakerar


About the Author

Lawson-West specialise in commercial, business and employment law. Our team of dedicated commercial solicitors can help with buying or selling a business, business law and disputes, landlord and tenant issues and commercial property. Our expert employment team can offer practical advice and guidance on all aspects of employment law including redundancy, compromise agreements and dismissal procedures. Visit www.lawson-west.co.uk for more information.



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Article Published/Sorted/Amended on Scopulus 2014-02-11 13:56:08 in Legal Articles

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