TUPE changes for transferees: what should we expect?
By Paula Rome
On 10 January 2014, the amendments to the TUPE regulations were laid before parliament. Although many of the proposed major changes have been diluted, the amendments may well provide new areas for debate.
Transferees will be able to begin their consultations with employees for collective redundancies before the transfer. Since the timeframe for collective consultation can be up to 45 days, this will be useful for transferees. However, it remains to be seen how this will work in practice since the transferor must agree to the transferee consulting with its employees pre-transfer and can withdraw its consent at any time.
Further, if the transferee encounters difficulties such as a lack of access to transferring employees or a general lack of co-operation from the transferor and cancels its pre-transfer consultation as a result, it will not be able to re-start the process. This is not the easy solution transferees might have hoped for…
If you are registered and logged in to the site, click on the link below to read the rest of the Shoosmiths 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 Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
Landmark judgment clarifies the law on misuse of private information.
Changes have the potential to affect how developments moderate their impact through the use of Section 106 obligations.
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…