Addleshaw Goddard

UK 200 2013 position: 23

Deadline for providing ELI increases from 14 to 28 days for TUPE transfers taking place on or after 1 May 2014

The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (2014 Regulations) came into force on 31 January 2014 and made a number of changes to the existing legislative framework on transfers of undertakings and collective redundancies. While most of the reforms came into force on 31 January 2014, the increase to the deadline for providing employee liability information (ELI) from 14 days to 28 days had a delayed implementation date. The increased ELI deadline applies in respect of transfers that take place on or after 1 May 2014.

In November 2011, the government called for evidence on the effectiveness of TUPE 2006, due to concerns that the regulations were overly complex and that they gold-plated the EU Acquired Rights Directive. In January 2013, the government issued a consultation paper setting out its proposals to reform TUPE.

One key proposal was the repeal of the ELI provisions, which required the transferor to provide the transferee with specified information about the transferring employees not less than 14 days before the transfer. The repeal was proposed on the grounds that the ELI was limited and often provided at the last possible opportunity. The consultation rejected the possibility of bolstering the ELI provisions (i.e. requiring the earlier disclosure of more extensive ELI) on the grounds that this would be too burdensome for business…

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