TUPE changes - draft legislation published by the government
The government has published draft legislation that will make changes to the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations in January 2014.
This follows the publication of the government response to the consultation on TUPE in September, which outlined scaled back changes.
While the changes do not go as far as proposed in the consultation, there are still significant alterations:
- Transferors must provide information about their staff to the transferee at least 28 days before the transfer (currently 14 days).
- It will be possible to make people redundant (for an “ETO” reason) if the staff have to move offices as a result of the transfer.
- The transferee will be able to include pre-transfer consultation with transferring employees as part of its obligation to inform and consult in a redundancy exercise, provided that certain conditions are met.
- Small businesses (organisations with fewer than 10 employees) will be able to inform and consult directly with affected employees in certain cases (and not to have elect representatives).
- For there to be a “service provision change”, the activities carried on after the transfer must be fundamentally the same as those carried on before the transfer.
- Changes to how collective agreements are dealt with post transfer to reduce the burden on employers.
These are intended to be laid before Parliament in December 2013 and to come into force in January 2014.
Please feel free to get in touch with myself or any other member of the asb employment team if you have any questions regarding the new regime. Justin Terry, Solicitor, Employment.
Published: 14 Nov 2013