Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Service provision changesEmployment lawLatest NewsEconomics, government & businessTUPE

Government launches consultation on TUPE changes

by John Eccleston 18 Jan 2013
by John Eccleston 18 Jan 2013

The Government has launched a consultation on proposed changes to the TUPE Regulations, which includes the proposal to remove the provisions on service provision changes.

The Government said the proposed changes will “improve and simplify” the Regulations. The consultation follows the call for evidence in November 2011 on the effectiveness of TUPE.

The consultation is seeking views on a number of proposals to amend the TUPE Regulations. These include:




  • service provisions changes;
  • employee liability information;
  • contractual changes, protection against dismissal and substantial changes to working conditions;
  • dismissals arising from a change in the workplace;
  • collective redundancy consultation;
  • micro-businesses;
  • terms and conditions derived from collective agreements; and
  • pre-transfer dismissals.

Of these, changes to service provisions is likely to be the one to have the most impact, but a legal expert has warned that proposed alterations could lead to confusion for employers.

Jeya Thiruchelvam, employment law editor at XpertHR, said: “It remains to be seen whether or not the Government’s proposed changes will have the desired effect of simplification. The Government has a proposed a repeal of the provisions on service provisions changes. However, this will lead to greater uncertainty about whether or not a particular service provision change constitutes a ‘relevant transfer’ and, therefore, whether or not the TUPE regulations apply to it.”

Patrick Brodie, partner at legal services firm RPC, agreed that the move would be unlikely to offer much clarity for employers: “Change often brings uncertainty. But, with TUPE, the Government hopes instead that change brings certainty and with certainty a boost to enterprise. A repeal, rather than clarification, of the rules on service provision changes is likely to disappoint those looking for certainty. In outsourcing we’ll simply return to the despond of those frustrating pre-2006 arguments about whether or not TUPE applied,” he said.

“The suggested loosening of restrictions on changing terms and conditions of employment may give employers a little more scope to harmonise but the extent of the right will initially, because of European case law, be shrouded in grey – this uncertainty increases the risk of employers and employees falling out. However, changes to permitted pre-transfer dismissals, the effectiveness of early collective redundancy consultation and to clear up the concern about relocation dismissals should give clarity and help those involved in TUPE transfers. That said, changes to the law alone won’t make a successful transfer.  The key remains the quality of the engagement and communication with employees.”  

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

For full details, see XpertHR’s coverage of the consultation.

The consultation document can be accessed via the UK Government website.

John Eccleston

previous post
Details of early conciliation process revealed
next post
Could apprenticeships be the answer to securing your business’ growth in 2013?

1 comment

red robbo 21 Jan 2014 - 9:30 pm

TRANSFER OF UNDER TAKING FROM CONTRACTOR TO A NEW CONTRACT0R WILL THIS STILL APPLY FOR THE EMPLOYEE A EUR0PEAN LAW WHICH IS GOOD THIS IS WHAT THE TORIES WANT TO DESTROY WHY DO THEY WANT TO COME OUT OF EUROPE RIGHT WING LICE

Comments are closed.

You may also like

Number of police working second jobs doubles

15 Jul 2025

Mansion House speech: will employers’ pension contributions rise?

15 Jul 2025

University staff to strike over hybrid working curbs

15 Jul 2025

Employees voting with feet as return-to-office pressure increases...

15 Jul 2025

Businesses warned against reducing recruitment in favour of...

15 Jul 2025

Postmasters could take ownership of Post Office

14 Jul 2025

Ethnicity and disability pay gaps: Ready to report?...

14 Jul 2025

Manager dismissed after covert recording with HR wins...

14 Jul 2025

Food sector warned it is facing a workforce...

14 Jul 2025

Gregg Wallace investigation: 45 allegations upheld

14 Jul 2025

  • Empower and engage for the future: A revolution in talent development (webinar) WEBINAR | As organisations strive...Read more
  • Empowering working parents and productivity during the summer holidays SPONSORED | Businesses play a...Read more
  • AI is here. Your workforce should be ready. SPONSORED | From content creation...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+