Employment law 2014 preview: TUPE
We begin the year with the changes to the Transfer of Undertakings (Protection of Employment) Regulations (TUPE), which came into force on 31 January (subject to a couple of provisions which will not take effect immediately).
While less radical than originally proposed, the changes allow for a bit more flexibility, removing some legal obstacles to the everyday operation of TUPE, such as the changes on redundancy consultation. We also have some helpful changes: post-transfer changes to location can amount to an ‘economic, technical or organisational reason entailing changes in the workforce’ (an ETO reason) so that redundancies due to a simple change of location will not be automatically unfair.
However, the impact of other changes is not fully apparent at present. For transfers before 31 January 2014, the protective provisions for dismissals or changes to terms apply if the sole or principal reason for the relevant action is either the transfer itself or in connection with the transfer (unless, in the latter case, it is an economic, technical or organisational reason entailing changes in the workforce). Now, the two distinct concepts of the ‘transfer itself’ and ‘in connection with the transfer’ have been replaced by a new single concept of ‘the transfer’…
If you are registered and logged in to the site, click on the link below to read the rest of the Wragge & Co briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
CoA also rejects invitations from the parties to refer various questions of law to Europe.
What protection does a Community Trade Mark confer? And how far does the own name defence extend? The Court of Appeal of England and Wales was split in a recent case.