Government clarifies timetable for TUPE reform
BIS has confirmed to XpertHR that the proposed changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) are likely to come into force in January 2014.
BIS stated that its current plan is to publish the Government's response to its consultation on the proposed changes in early September 2013, and "lay the draft regulations before Parliament in December 2013, with the intention that they come into force in January 2014".
The consultation includes a proposal to remove the provisions on service provision changes from the TUPE Regulations. It also includes a proposal to amend the provisions that restrict post-transfer changes to employment contracts, the provisions that give protection against dismissal and the provisions concerning a substantial change in working conditions to the material detriment of the employee so that they more closely reflect the minimum requirements of the Acquired Rights Directive (2001/23/EC) and case law of the European Court of Justice.
- The Employment law manual provides further details on the Government's proposals in: Transfer of Undertakings > Future developments.
The XpertHR employment law manual explains the law on Informing and consulting prior to transfers.
Good practice guide on TUPE The XpertHR good practice manual provides guidance for transferors and transferees on delivering the commercial aims of a transfer without undue disruption to their business.