Revised TUPE regulations come into force
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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
- 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
- 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
- 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.
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