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18-12-2013

The nattily named Collective Redundancies And Transfer of Undertakings (Protection of Employment) (Regulations) 2013 have been published and will come into force on 31 January 2014. The new regulations deal with changes to TUPE following the Government’s consultation earlier in the year.

 

The most important points are as follows:

  • the location of a workforce can be within the scope of an economic, technical or organisational reason (‘ETO’) entailing changes in the workforce. This means that genuine place of work redundancies will no longer be automatically unfair.
  • It clarifies that for there to be a TUPE service provision change, the service provision must be "fundamentally or essentially the same" as before the transfer.
  • It now allows microbusinesses (businesses with less than 10 employees) to inform and consult directly with employees.
  • (in some circumstances) it will allow TUPE consultation to satisfy collective redundancy consultation rules.

The changes do not include:

  • removing 'service provision change' from what amounts to a TUPE transfer
  • removing the transferor's obligation to provide employee liability information. The time for providing such information is increased to 28 days.

A copy of the new regulations are available here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/254738/bis-13-1272-draft-tupe-regulations-2013.pdf 

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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