Employment Matters — February 2014: new TUPE Regulations come into force

The snappily titled Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 came into force on 31 January 2014. The changes are intended to improve TUPE’s effectiveness and flexibility and to ensure that TUPE goes no further than the original EC directive.

However, the changes that have actually been made are much less far reaching than originally envisaged and several key proposals have been dropped. The key changes are: a service provision change (SPC) will continue to be regulated by TUPE — it had been suggested that SPCs would no longer be within scope — but the legislation will clarify that the activities carried on after the SPC must be ‘fundamentally the same’ as before the transfer; and the requirement for a transferor to provide employee liability information will be retained, but from 1 May 2014 the information will have to be given 28 days before the transfer, rather than 14 days…

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