The final Regulations amending the Transfer of Undertakings (Protection of Employment) Regulations 2006 are now available. They come into force on the 31 January 2014 although certain provisions do not take effect until May or July 2014.
Aside from a helpful amendment to the test relating to service provision changes (SPCs) the changes originally proposed on SPCs will not now take effect.
For those already familiar with TUPE the essential changes are:-
• Employee liability information must now be provided 28 days before transfer;
• Micro employers can consult directly;
• A narrower definition relating only to the transfer relevant to changing terms and conditions and dismissals.
• Work place location changes can now be part of the statutory defence.
• Pre transfer consultation on terminations is now permissible for collective redundancies in certain circumstances;
• There are changes to existing collective bargaining law.
For further information please contact Holly Dobson at [email protected] or on 0114266 6660
