Be ready for changes to TUPE

By Taylors Solicitors

29 Jan 2014

TUPE is an area of employment law that many companies will remain blissfully unaffected by, but if you're an employer involved in service outsourcing, mergers, acquisitions or transfers, then TUPE will be a major consideration and, potentially, a major cost.

New amending regulations affecting TUPE and collective redundancies will come into force on 31 January 2014 so here are the important points that you need to be aware of under these new regulations in order to help to protect your business.

There has been an increase in the deadline for the old employer to supply employee liability information to the new employer, from 14 to 28 days before the transfer. Whilst this is a step in the right direction, it is still unlikely to be soon enough for most transferees. There is still no obligation in law (outside of any contracts) for outgoing providers to disclose their staff information when their contracts are being re-tendered.

The relevant definition of a 'service provision change' transfer will be changed. It will now explicitly state that, for there to be a relevant transfer, the activities to be carried out by the new service provider must be fundamentally the same as those that were carried out by the person who has ceased to carry them out. This change is consistent with recent case law developments in this area.

There will also be changes to the provisions which protect employees from dismissal or from changes to their contracts of employment for reasons connected with a relevant transfer. TUPE will not prevent agreed variations of contracts if the sole or principal reason for the variation is an economic, technical or organisational reason entailing changes in the workforce. The new regulations also recognise that some variations by the transferee will be permissible under the employees' transferring contracts of employment.

It is now possible to vary the terms incorporated from collective agreements that transfer with the employees when more than a year has passed since the transfer, subject to certain conditions.

Transferees will now not be bound by the outgoing employer's post-transfer operation of collective agreements. This refers to pay and benefits etc. if the transferee is not also a participant in the collective bargaining process for that agreement or provision.

Micro-businesses will now be permitted to inform and consult employees directly when there are existing appropriate representatives. This means that these businesses will avoid the need to hold employee representative elections.

The Trade Union and Labour Relations (Consolidation) Act 1992 has been amended. A transferee may meet the requirements for collective redundancy consultation, if the transferor agrees, by consulting (or by starting to consult) representatives of transferring staff about proposed collective redundancies prior to the transfer taking place. The Taylors Employment team is expert in TUPE and managing the process to protect employers; if you would like to find out more about our services, please contact Will Clayton, Head of Employment at [email protected]

Latest news

1

20 years of 'outstanding education for Nelson and Colne College Group Nelson and Colne College Group celebration

20 years of 'outstanding education for Nelson and Colne College Group

28 Jan 2025

2

Different roads open up for the Issa brothers Zuber and Mohsin Issa

Different roads open up for the Issa brothers

28 Jan 2025

3

Ex-Mercia investor joins LCC’s fhunded team to support increased VC deal activity Kiran Metha and Rory Southworth

Ex-Mercia investor joins LCC’s fhunded team to support increased VC deal activity

28 Jan 2025

4

Blackpool Post Office hotel plan Abington Street Post Office

Blackpool Post Office hotel plan

28 Jan 2025

5

Assets from long established Blackburn business to be sold Community and Business Partners in Blackburn with doors shut

Assets from long established Blackburn business to be sold

28 Jan 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
The Lancashire Festival of Business
FOB 315
Exhibitions
30 Jan 2025

The Lancashire Festival of Business

Impact Conferencing, Burnley, BB12 6QP

09:30 - 16:00

Skills Bootcamp in Procurement - Cohort 3
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Awards
14 Jan 2025 - 18 Mar 2025

Skills Bootcamp in Procurement - Cohort 3

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

The Marketing Meetup IRL: Lancashire
LBV Hub Event Image.png.png
LBV Hub Networking
30 Jan 2025 - 30 Jan 2025

The Marketing Meetup IRL: Lancashire

Strawberry Fields Digital Hub, Chorley, PR7 1PS

18:00 - 20:00

Police Apprenticeship event
Student Centre Autumn 2022.jpg.jpg
LBV Hub Social
12 Feb 2025 - 12 Jan 2025

Police Apprenticeship event

University of Central Lancashire, Foster Social Space , Preston , PR1 2HE

16:00 - 19:00

February Preston Tech Connection Meet-Up: Tech & Our Planet
PRESTON TECH CONNECTION jan.ai.png.png
LBV Hub Networking
12 Feb 2025 - 12 Feb 2025

February Preston Tech Connection Meet-Up: Tech & Our Planet

Society1 Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Amber River True Bearing Quarterly Investment Seminar
LBV Hub Seminars
13 Feb 2025

Amber River True Bearing Quarterly Investment Seminar

Mercure Blackburn Dunkenhalgh Hotel & Spa, Blackburn Rd, Clayton-le-Moors, Blackburn, Lancashire, BB5 5JP

16:00 - 18:00

The Business Network Central & East Lancashire
LBV Hub Networking
13 Feb 2025 - 13 Feb 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

National Apprenticeship Week 2025 Celebration - Business Breakfast Showcase
Student Centre Autumn 2022.jpg.jpg
LBV Hub Networking
14 Feb 2025 - 14 Jan 2025

National Apprenticeship Week 2025 Celebration - Business Breakfast Showcase

Media Factory , Preston, PR1 2HE

08:00 - 10:00

Sub36 Networking - Behind the beans
Sub36 Social1200Atkinsons New
Networking
14 Feb 2025

Sub36 Networking - Behind the beans

Atkinsons Speciality Coffee, Lancaster, LA1 1 EX

09:00 - 11:30

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Employment Law, Tax and Payroll Update - East Lancashire
Employment updates - LinkedIn East Lancs-01.png.png
LBV Hub Seminars
26 Feb 2025 - 26 Feb 2025

Employment Law, Tax and Payroll Update - East Lancashire

Accrington Stanley Football Club, Accrington, BB5 5BX

08:00 - 10:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV120 Online Graphic 1
Subscribe now

Weekly news bulletin