New TUPE Regulations come into force on 31 January 2014. These are the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 and have been brought in to supplement the 2006 Regulations.
The important changes to look out for are:
- Where post-transfer redundancies are anticipated, pre-transfer consultation by the transferee with employees will be allowed to count towards the mandatory 30/45 day collective consultation periods under the Trade Union and Labour Relations (Consolidation) Act 1992, but the transferor’s agreement is required.
- For there to be a service provision change between outgoing and incoming contractors, the transferring activities must be “fundamentally the same”. This will bring the scope of the service change provisions more closely into line with traditional transfers.
- Employees will no longer be able to bring unfair dismissal claims simply because of a move to a new location – the change in location will be considered an economic, technical or organisational reason so potentially justifiable.
- The time frame for providing employee liability information goes up from 14 to 28 days pre-transfer (applies to transfers from 1 May 2014).
- Small businesses with less than 10 employees will have the option to consult with affected employee individually rather than collectively (applies to transfers from 31 July 2014).
Most of the changes being brought in by the Regulations are employer-friendly. If you would like to discuss any of these changes, please contact any member of the Blackadders employment law team.Sarah Winter Senior Solicitor – Business Services