New TUPE regulations published

By Clare Gregory

With just more than a fortnight to go until they come into force, the government has now made, and published, the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014. They will take effect on 31 January 2014.

The regulations reflect the relatively conservative reform of TUPE with which the government has decided to proceed after widespread concern about its original proposals. Nonetheless, there are some important changes of which employers need to be aware.

The regulations provide that, in collective redundancy situations, a transferee may consult, or start to consult, with the relevant representatives before the transfer takes place. The transferor must agree and the transferee must give written notice to the transferor. The transferee can cancel its decision to consult pre-transfer at any time by written notice. In practice, this change may prove to have little impact; many businesses already choose to consult about post-transfer redundancies before the transfer takes place. However, there is no doubt that having a clear legitimate basis on which to do this will provide businesses with welcome certainty and may assist transferees to make cost-cutting measures more efficiently post transfer. Individual consultation is, however, still likely to be required to take place post transfer…

Click on the link below to read the rest of the DLA Piper briefing.

Sarah - please backdate to 13 January 2014 - another really old one here

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