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January 21, 2014
The long awaited amendments to the 2006 TUPE Regulations come into force next Friday from 31 January onwards. While no longer as significant as was first indicated (see our previous blog!), it’s still worth bearing in mind the following key changes:
- For transfers connected to change of service provider, the activities carried out by the new supplier will need to be “fundamentally or essentially the same” as those carried on before for a TUPE transfer to occur;
- A change of workplace following a transfer will be regarded as an economic, technical or organisational (ETO) reason;
- Businesses will have to provide relevant information about transferring employees to the business receiving those employees at least 28 days before a transfer (rather than 14 days as has previously been required); and
- Collective agreements that apply to transferring staff will be renegotiable one year after a transfer.
It’s fair to say these are all sensible and welcome changes and thankfully they are unlikely to provide too many headaches for HR teams. If anyone needs any more information please let us know: email@example.com