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1-11-2013

Following a period of consultation, the Government has published draft regulations amending TUPE (here). Highlights include the following:

  • Allowing a transferee to consult with transferring employees, before the transfer takes effect, about mass redundancies for the purposes of collective consultation rules.
  • Increasing the deadline for producing employee liability information to 28 days.
  • Allowing employers in micro businesses to consult directly with employees where there are no employee representatives already in place.
  • Changes in the location of the workforce following a transfer is now in the scope of “economic, technical or organisational reasons entailing changes in the workforce” thereby preventing genuine place of work redundancies from being automatically unfair.
  • Introducing a narrower test as to when changes to terms and conditions of employment will be prohibited.

Despite the amendments, TUPE still remains one of the most technically complex areas of employment law. This Government has sought to remove some of the legal risks that businesses face when carrying out a transfer. However the scope for amending current TUPE rules is severely limited by European Law, and TUPE contains many traps for the unwary.

Sarah Rushton (srushton@moonbeever.com)

Tel: 0207 539 4147

This is intended for general information only and should not be considered as giving advice in relation to any individual case nor be taken as applying to any particular case. No liability is accepted for any such use of the information.

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