TUPE changes planned for 31 January 2014, Government confirms

Changes to the TUPE Regulations will go ahead on 31 January 2014, the Government has confirmed.

The Government told XpertHR that next month it will lay legislation before Parliament that will make the changes to the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations.

The TUPE changes do not go as far as initially proposed in a Government consultation, but there are still significant amendments, including:

• allowing renegotiation of terms agreed in a collective agreement one year after transfer, provided that overall the change is no less favourable to the employee;
• allowing businesses with 10 or fewer employees to inform and consult directly with employees; and
• clarification that for TUPE to apply, the activities carried on after service provision changes must be “fundamentally or essentially the same” as those carried on before them, reflecting the approach set out in existing case law.

The implementation date is outlined in a Government statement of new regulation, which also confirms a start date of 6 April 2014 for the expansion of the right to request flexible working to all employees.

XpertHR has further detail on the changes to TUPE here.