Addleshaw Goddard

UK 200 2013 position: 23

TUPE: amendment regulations implemented on 31 January 2014 and new BIS TUPE guidance published

The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 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. In addition, the Department for Business, Innovation & Skills (BIS) has published revised TUPE guidance that reflects the recent reforms.

Last month Addleshaw Goddard reported on the proposed TUPE reforms as set out in the draft version of the regulations. The final version of the 2014 regulations were laid before parliament on 10 January 2014 and came into force on 31 January 2014 (although two of the provisions have short lead-in periods before they take effect). The 2014 regulations are broadly the same as the draft version of the regulations save for the following key differences:

Pre-transfer collective redundancy consultation: the 2014 regulations confirm that where a transferee elects to carry out such consultation and then cancels that election, it cannot then make a further election to consult pre-transfer. The draft version of the regulations had provided that there would be no limit on the number of elections that a transferee could make…

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