New TUPE Regulations 2014 will come into force on 31st January 2014 in connection with transfers after this date. They are designed to formalise some of the decisions since the 2006 Regulations and simplify the law. Some of the provisions of the new regulations take effect at a later date. The new regulations make a number of changes of interest to businesses which either make acquisitions or disposals or conduct outsourcing/insourcing on a regular basis.
The key changes are:
- The time limit for providing employee liability information prior to the transfer will be extended from 14 to 28 days for transfers on or after 1st May 2014.
- Micro businesses will be able to inform and consult directly with staff without having to elect representatives for transfers that take place on or after 31st July 2014.
- Pre-transfer consultation can be counted towards post-transfer collective consultation providing it is agreed between the parties and the consultation is meaningful.
- A change of business location will be an economic, technical or organisational (ETO) reason defence to automatic unfair dismissal claims.
BIS has also recently revised its TUPE guidance to cover the TUPE Regulations 2014. Businesses where TUPE could apply in their business dealings should ensure they are up to date with the changes and their implementation dates by seeking advice or consulting the guidance.
Sarah King, Consultant Solicitor
Posted on Wednesday, 29th January 2014