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…
Click on the link below to read the rest of the Addleshaw Goddard briefing.
News from Addleshaw Goddard
News from The Lawyer
Briefings from Addleshaw Goddard
The Court of Appeal has overturned a High Court judge’s decision to add words to a non-compete restriction, which had originally offered the employer very little protection.
Relaxation of information and consultation requirements for micro-employers for transfers taking place on or after 31 July 2014
Regulation 13 of TUPE 2006 obliges employers to inform and consult with ‘appropriate representatives’ of the employees who are affected by the transfer.
Analysis from The Lawyer
Could Slater & Gordon achieve its stated aim of becoming a top consumer brand by acquiring Pannone?
The past five years have not been easy for Addleshaw Goddard. The firm’s revenue fell 7 per cent from £173.1m to £161.9m between 2008/09 and 2010/11 and despite finances looking up in 2011/12, when Addleshaws reported a 30 per cent increase in net profit, it has shown no notable compound growth in turnover since 2007/08.