New TUPE Reforms - New TUPE reforms are not wholesale changes, claims Croner employment law expert

blog-publish-date

21 Jan 2014

blog-read-duration

  London 8 January 2014 – New Transfer of Undertakings (Protection of Employment) regulations (TUPE) due to come into force at the end of this month represent “tinkering” around the edges rather root and branch and reform, according to Croner author and employment law expert, Stuart Chamberlain. “The original intention to scrap the Service Provision Change definition of a transfer has been withdrawn and many important provisions of TUPE 2006 remain as before – notably, the standard definition of a transfer and the duty to inform and consult appropriate representatives,” comments Stuart. Stuart adds: “In general the amendments can be seen as business-friendly; however, some of the amendments lack clarity. This will certainly provide further opportunity for courts and tribunals to interpret the legislation. "Croner  recommend that specialist legal advice should be sought to explain some of the more complex areas of TUPE and more importantly, identify any risks for the employer.” The main changes to the legislation are:

  • The new employer will be able to begin consultation before any TUPE transfer in respect of employees who are likely to be made redundant after the transfer, subject to a number of conditions – mainly that the old employer agrees to the consultation
  • Activities before and after the transfer must be “fundamentally the same” to satisfy the new legal definition of a Service Provision Change
  • Greater scope to change terms and conditions and avoid automatically unfair dismissals: the protections for employees only applies where the change or dismissal in question is by reason of the TUPE transfer itself (previously  it was a reason connected to the transfer)
  • Variations are allowed as long as the changes are permitted by the contract (e.g. a mobility clause)
  • Where there is a change in the place of work after a transfer, any redundancies as a result of the change are no longer automatically unfair
  • The new employer is permitted to make changes to collective agreements after 12 months, provided the terms and conditions are no less favourable to employees
  • The new employer is bound by the terms (e.g. pay rates) that come into force after the transfer and where he or she has not been a party to the collective bargaining
  • The deadline for notification of employee liability information by the transferor to the transferee is extended from the current 14 days before the transfer to 28 days
  • Micro-businesses (fewer than 10 employees) will be permitted to inform and consult directly with employees where there are no pre-existing employee representatives recognised.

Free to Download Employer Resources

  • How to make reasonable adjustments for mental health in the workplace

    FREE DOWNLOAD

    How to make reasonable adjustments fo...

    Read more
  • Sample Health & Safety Communication and Consultation Policy

    FREE DOWNLOAD

    Sample Health & Safety Communication ...

    Download Croner's sample health & safety communication and consultation policy, here.

    Read more
  • Adverse Weather Policy

    FREE DOWNLOAD

    Adverse Weather Policy

    Here we’ve included a free sample adverse weather policy that UK business owners can refer to...

    Read more
  • Conducting an Equal Pay Audit

    BLOG

    Conducting an Equal Pay Audit

    The equal pay act sets provisions for organisations to follow the same pay syste...

    Read more
  • Health & Safety Changes to Look Out For in 2019

    BLOG

    Health & Safety Changes to Look Out F...

    The news at the start of this year has been dominated by Brexit and its potentia...

    Read more
  • Understanding Wage Differentials and Identifying Factors That Affect It

    BLOG

    Understanding Wage Differentials and ...

    The first step to understanding wage differentials is knowing the distinction be...

    Read more
  • Solicitors Benevolent Association

    CASE STUDY

    Solicitors Benevolent Association

    “The reason for using Croner was the high-profile track record and the credibili

    Read more
  • John Taylor Hospice

    CASE STUDY

    John Taylor Hospice

    “A large number of the queries are around employment law and rights in areas suc

    Read more
  • Motorsport Industry Association

    CASE STUDY

    Motorsport Industry Association

    “I’m so happy with the service Croner provide, I’d be hard pressed to find a fau

    Read more

Ready to focus on what you do best?

Get your free consultation and speak to an expert today.